Document Everything Publicly and Regularly (Email Trails and Third-Party CCs)

• Tactic: Keep a clear and detailed email record of all interactions regarding your return to work, accommodations, and responsibilities. Ensure that HR, supervisors, and legal representatives are always copied on these communications. By keeping third parties informed, you increase accountability.
• Deterrent: Having external legal counsel or ADA representatives in the loop signals that you're aware of your rights and that others are monitoring the situation. This visibility makes employers cautious about wrongful actions.

2. Engage an External ADA Advocate or Legal Counsel

• Tactic: Notify Cox that you have engaged an ADA advocate or employment attorney to oversee your return to work. Make it clear that this advocate will monitor any potential ADA violations or retaliatory actions.
• Deterrent: The involvement of an attorney or advocate sends a signal to Cox that any missteps could lead to legal action, making them more likely to comply with all legal obligations.

3. Submit a Formal Accommodation Request and Notify the EEOC

• Tactic: File a formal accommodation request with HR, and simultaneously inform the EEOC that this request has been made. Mention that the EEOC is aware of your situation and that you are monitoring compliance with federal regulations.
• Deterrent: Cox will be aware that any failure to provide accommodations or any retaliatory actions could immediately draw the attention of a federal body like the EEOC.

4. Request Regular, Documented Performance Reviews

• Tactic: Proactively request performance reviews to be scheduled every month for the first six months of your return. Ensure these are documented and sent to HR. Make it clear that you are tracking your performance closely.
• Deterrent: Regular reviews, where your performance is documented, make it harder for the company to create a paper trail of poor performance for termination. This transparency acts as a safeguard against sudden negative evaluations.

5. Leverage an Internal Grievance System Early

• Tactic: If any discriminatory behavior occurs, use the internal grievance system immediately, and document every interaction. Make it clear that you will escalate any unresolved issues to external bodies if needed.
• Deterrent: Utilizing the company's own systems shows you understand internal processes and will hold them accountable if they do not follow through.

6. Publicize Your Knowledge of Company Policy and Federal Laws

• Tactic: Regularly refer to company policies (such as the short-term disability policy or ADA regulations) in communications, and highlight how you expect them to be followed. This signals your deep understanding of both internal and external legal frameworks.
• Deterrent: This tactic forces Cox to be extra careful as they know you’re well-versed in company policies and legal compliance.

7. Engage a Union or Workers' Rights Group

• Tactic: If you are part of a union or workers’ rights group, inform Cox of your connection to these organizations. Union representatives can monitor your treatment and advocate on your behalf.
• Deterrent: Involvement from organized labor groups puts pressure on the company, as they are often skilled at identifying and challenging unlawful actions.

8. Set Up Weekly Check-In Meetings and Document Them

• Tactic: Schedule weekly check-ins with your supervisor and HR about your accommodation and work progress. Document every meeting with clear, action-oriented summaries that are distributed to all attendees.
• Deterrent: Frequent and documented communication makes it difficult for Cox to claim you were underperforming or failing to comply with your role, as there will be a detailed paper trail of your efforts.

9. Create a Record of Compliance with Medical Recommendations

• Tactic: Keep a detailed and documented record of how you are following medical recommendations and submit these updates to HR regularly. Emphasize that you are fully compliant with all medical advice.
• Deterrent: By clearly showing that you are following medical guidelines, it becomes much harder for the company to claim you are unfit for work without risking an ADA violation.

10. Engage the Media (If Necessary)

• Tactic: As a last resort, consider informing media outlets about any discriminatory or retaliatory actions taken by Cox. Ensure you have documentation to back up your claims and reach out to outlets that cover workers' rights or ADA issues.
• Deterrent: Public attention can be a powerful tool. Most companies will be wary of negative media coverage, especially if it involves potential ADA violations or workplace discrimination.

5 Ways Cox Might Try to Terminate You and How to Guard Against Them:

1. Setting Unrealistic Performance Metrics

   • Defense: Ensure performance goals are reasonable and that you have a documented understanding of what’s expected. Keep a record of tasks completed and how they meet expectations.

2. Sudden Negative Performance Reviews

   • Defense: Preempt this by requesting regular reviews and making sure they are fair, well-documented, and reflect your accommodations. Challenge any sudden shift in performance feedback immediately.

3. Creating a Hostile Work Environment

   • Defense: Document all interactions and escalate hostile behavior immediately through internal grievance systems. If the issue persists, report it to an external body like the EEOC.

4. Failure to Accommodate

   • Defense: Keep a detailed paper trail of all accommodation requests and follow-ups. If the company fails to provide reasonable accommodations, escalate the issue to the EEOC or an ADA attorney.

5. Using Minor Infractions for Termination

   • Defense: Carefully document any minor infractions or disciplinary actions. Request written explanations for any disciplinary measures and challenge those that seem disproportionate.

1. Documentation Mastery & Regular Updates

• Tactic: Regularly submit detailed documentation of your ongoing communications, ADA requests, and medical updates to all relevant parties (HR, compliance officers, MetLife, legal counsel). This ensures a clear, traceable paper trail and prevents Cox from claiming ignorance of your requests or status.
• Command: By ensuring that every detail is documented and timestamped, you not only show thoroughness but also prepare for potential legal action if needed.

2. Leverage the EEOC Case Number

• Tactic: Regularly reference your EEOC case number in all written communications with Cox. Make it clear that the EEOC is actively monitoring your case.
• Command: Demonstrating that external legal authorities are already involved makes Cox cautious in their actions, as they will be wary of any further violations being brought to light.

3. Request Timely and Documented Responses

• Tactic: Clearly request documented responses within a specific timeframe from Cox regarding your accommodations, leave, and payroll discrepancies. Failure on their part to comply within these deadlines could be used against them.
• Command: It shows Cox that you are holding them accountable for timely responses, in line with legal standards like ADA and FMLA.

4. Highlight Legal Obligations Publicly and Internally

• Tactic: In every communication, cite specific sections of the ADA, FMLA, and Cox's own policies to show that you have a full grasp of the legal framework surrounding your case.
• Command: This tactic shows Cox that you are knowledgeable and prepared, which discourages any actions that may be interpreted as retaliation or non-compliance.

5. Engage Legal Advisors or a Specialist to Send Formal Letters

• Tactic: Have legal counsel or an ADA expert send formal letters to Cox highlighting any non-compliance issues. Use these letters as leverage to show that you are ready to escalate the situation if necessary.
• Command: Legal backing often accelerates resolution and shows you’re serious about protecting your rights.

6. Engage a Third Party for Mediation

• Tactic: Formally request mediation through the EEOC or another independent body, making it clear that Cox’s delays are impacting your health and financial stability.
• Command: Mediation not only creates a platform for your voice but also shows Cox that you're willing to resolve the situation without further escalation, a tactic that is both reasonable and assertive.

7. Communicate the Implications of Non-Engagement

• Tactic: Clearly communicate in writing the consequences of Cox failing to engage with you or meet their obligations. Use language that alludes to further legal actions or EEOC involvement should they continue their non-compliance.
• Command: This sends a clear message that their failure to act could lead to more severe legal consequences, showing that you are prepared to escalate.

8. Create Visibility Within Cox & External Stakeholders

• Tactic: Regularly copy senior management, compliance teams, and external entities like the EEOC on emails regarding your case. This creates multiple touchpoints and ensures that the issue is well known within the organization and beyond.
• Command: This makes it harder for Cox to ignore your requests, as the visibility of the issue within and outside the organization adds pressure for them to act appropriately.

9. Pre-emptively Address Retaliation Tactics

• Tactic: Pre-emptively address potential retaliatory tactics like pay cuts, job changes, or workplace isolation by asking for documented reasons behind every action taken against you.
• Command: By showing that you are vigilant and expect transparency, Cox will think twice before taking steps that could be interpreted as retaliatory or discriminatory.

10. Leverage Financial Discrepancies as a Core Issue

• Tactic: Use the inconsistent payment and payroll discrepancies as a critical leverage point by linking them to financial mismanagement, potential Sarbanes-Oxley violations, and ADA retaliation.
• Command: Cox will be cautious when financial mismanagement is highlighted, especially if it has been well-documented and could lead to further legal consequences, particularly under SOX compliance standards.