Contrasting Cox’s assertions from their April 11, 2025 SOP with documentary evidence from Exhibit A.
Cox SOP Claim
Contradictory Evidence (Exhibit A)
Violation / Citation
“Cox engaged in an ongoing interactive process…” (p. 1)
“There is no record of written HR response to EthicsPoint entries from July 2024.” “ADA certifications submitted June 4 were not routed to payroll for 25+ days.”
Failure to engage: 29 C.F.R. § 1630.2(o)(3); ADA § 12112(b)(5)(A)
“Cox approved nearly all accommodations requested by Mr. Coates.” (p. 4)
“Access to HRIS, payroll portal, and team Slack was denied post-request.”
Retaliation & interference: ADA § 12203(a)
“Mr. Coates did not report any discrimination before separation.” (p. 5)
“Six separate time-stamped EthicsPoint reports were submitted between June and August 2024.”
Failure to act on internal EEO reports: 29 C.F.R. § 1602.14; SOX whistleblower protections
“There is no indication of systemic failure or delay.” (p. 6)
“Four HRIS accommodation cases remained unresolved for over 180 days.” “Medical leave submitted to MetLife and Cox was not linked in internal systems.”
FMLA interference (29 U.S.C. § 2615); ADA procedural failure
“Complainant voluntarily resigned.” (p. 1)
“Pay was cut, no separation paperwork issued, constructive discharge asserted in VEC appeal (Exhibit B).”
Misrepresentation of facts; constructive discharge precedent: Green v. Brennan, 578 U.S. 547
🧾 Part 2: Legal Addendum
ADDENDUM: False Representations and Procedural Neglect by Cox Communications
Submitted in Rebuttal to Position Statement Dated April 11, 2025
The Position Statement submitted by Cox Communications contains demonstrably false representations regarding the ADA interactive process, accommodation handling, and internal complaint procedures. Contrary to Cox’s assertion that “nearly all accommodations were approved,” internal records confirm that no written response was issued to multiple EthicsPoint disclosures detailing ADA barriers, and that accommodation documents were not routed to payroll for more than three weeks (in direct conflict with 29 C.F.R. § 1630.2(o)(3)).
Furthermore, Cox's claim that the Complainant did not report discrimination prior to separation is disproven by six documented internal reports filed between June and August 2024, all visible in EthicsPoint logs and executive system notifications. Cox executives, including Kia Painter and Ursula Rogers, had direct access to these reports and failed to respond—creating a presumption of bad faith and retaliation under 42 U.S.C. § 12203(b).
Finally, Cox’s assertion that separation was voluntary is refuted by:
Immediate payroll cut-off without notice or cause;
Refusal to classify medically excused leave;
VEC findings that reversed separation status and restored eligibility on appeal.
These procedural misrepresentations, along with unauthorized dissemination of protected health information (PHI) across internal teams without legal justification, represent violations of ADA, FMLA, and HIPAA privacy and retaliation statutes.
Legal Basis for EEOC Action:
29 C.F.R. § 1601.15(b) – False and misleading employer responses
42 U.S.C. § 12112(b)(5)(A) – Failure to engage in interactive process
42 U.S.C. § 12203(a) – Retaliation after protected activity
29 C.F.R. § 1602.14 – Failure to preserve internal complaint records
18 U.S.C. § 1001 – Knowingly false statements in federal filings
Exhibit AG � Formal Employer Response to ADA Interactive Process Failures and EthicsPoint Neglect
Description (40 words): On August 2, 2024, Keith Wilson of Cox Communications replies to ADA and payroll concerns, asserting HR engagement. The email is introduced as evidence of ongoing disputes over retaliation, noncompliance with ADA obligations, and failure to meaningfully engage in the interactive process.
Thomas Coates <tdcoates@gmail.com>
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
.
Thomas Coates <tdcoates@gmail.com>
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Thomas Douglas <gethomesdata@outlook.com>
Tue, Aug 6, 2024 at 12:56 PM
To: "Painter, Kia (CCI-Atlanta)" <Kia.Painter@cox.com>, "Wilson, Keith (CCI-Atlanta)" <Keith.Wilson@cox.com>
Cc: "tdcoates@gmail.com" <tdcoates@gmail.com>
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
Thank you for your understanding and cooperation.
Sincerely,
Thomas Coates
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
Thomas Coates <tdcoates@gmail.com>
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Thomas Douglas <gethomesdata@outlook.com>
Thu, Aug 22, 2024 at 12:16 AM
To: "tdcoates@gmail.com" <tdcoates@gmail.com>
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
.
Thomas Coates <tdcoates@gmail.com>
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Thomas Douglas <gethomesdata@outlook.com>
Thu, Aug 22, 2024 at 12:18 AM
To: "tdcoates@gmail.com" <tdcoates@gmail.com>
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
Thank you for your understanding and cooperation.
Sincerely,
Thomas Coates
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
Thomas Coates <tdcoates@gmail.com>
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Thomas Douglas <gethomesdata@outlook.com>
Thu, Aug 22, 2024 at 12:19 AM
To: "tdcoates@gmail.com" <tdcoates@gmail.com>
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:58 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
...same one Keith:
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE.
Dear ServiceNow,
NON-INTERACTIVE PROCESS:
"We can discuss the details further when you return from your leave in September."...Azariah
...Azariah Email Subject: "RE: [EXTERNAL] Request for Employer-Provided Leave and the Americans with Disabilities Act and request for Reasonable Accommodations" Date: July 9, 2024
"Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process to evaluate and implement appropriate accommodations."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"If there are no additional accommodations listed on your return-to-work paperwork, we will be ready to finalize your initial accommodation request with you in person upon your return."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
...Azariah Email Subject: "RE: [EXTERNAL] Acknowledgement Payroll reduction and Reason" Date: July 23, 2024
"When you return, we will be more than happy to give you a refresher training."
...Azariah Email Subject: "RE: [EXTERNAL] Managing PTO in the face of illness and family health responsibilities" Date: July 3, 2024
Interactive Process and Short-Term Disability (STD):
Content: HRBP contact, delays the process with the excuse due to your claim for leave of absence/STD with MetLife. The Contact proposes to resume the discussion upon your return from the leave.
Concerns:
Delay in Accommodation Discussion: It's concerning that the accommodation discussions are being postponed repeatedly. The interactive process should ideally continue irrespective of the STD claim to ensure timely and appropriate accommodations.
Repeated Postponements: The letter mentions that discussions will resume upon your return. However, this approach seems to delay addressing your needs and might be perceived as avoidance of immediate accommodation needs.
Potential ADA Compliance Issues: Continuous delays could be seen as non-compliance with the ADA, which mandates a timely interactive process to assess and implement reasonable accommodations.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
Thank you for your understanding and cooperation.
Sincerely,
Thomas Coates
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
Thomas Coates <tdcoates@gmail.com>
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Thomas Douglas <gethomesdata@outlook.com>
Thu, Aug 22, 2024 at 12:20 AM
To: "tdcoates@gmail.com" <tdcoates@gmail.com>
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 3:30 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith,
Last thing for today, I promise:
38. In determining whether there has been an unnecessary delay in responding to a request for reasonable accommodation, relevant factors would include: (1) the reason(s) for the delay, (2) the length of the delay, (3) how much the individual with a disability and the employer each contributed to the delay, (4) what the employer was doing during the delay, and (5) whether the required accommodation was simple or complex to provide.
An employer should respond expeditiously to a request for reasonable accommodation. If the employer and the individual with a disability need to engage in an interactive process, this too should proceed as quickly as possible.(37) Similarly, the employer should act promptly to provide the reasonable accommodation. Unnecessary delays can result in a violation of the ADA.(38)
Saying that we can talk about it when you get back from: (a leave that has not even been approved, a leave that is an outlier on anyone's bell-curve for "Waiting Period") is not a demonstration of an interactive process.
By the way, there are aspects of the MetLife process that are supposed to be confidential. That is why her guesses as to why the application was closed and updated are completely incorrect.
You can't say, let's wait until you get back from leave to talk about your request to examine payroll. "Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
THEN LOOK AT THIS:
I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct.
"OPEN DOOR POLICY!: Please ask us to investigate, and we will do it for you to our favor while you are on unpaid leave!!
Hello Thomas,
As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. As a result, you are currently in an unpaid status. In order to be in a paid status, you either need to be working or on an approved paid leave of absence. Please advise when you will be returning to work.....
Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have.
Azariah Workman
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:58 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
...same one Keith:
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE.
Dear ServiceNow,
NON-INTERACTIVE PROCESS:
"We can discuss the details further when you return from your leave in September."...Azariah
...Azariah Email Subject: "RE: [EXTERNAL] Request for Employer-Provided Leave and the Americans with Disabilities Act and request for Reasonable Accommodations" Date: July 9, 2024
"Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process to evaluate and implement appropriate accommodations."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"If there are no additional accommodations listed on your return-to-work paperwork, we will be ready to finalize your initial accommodation request with you in person upon your return."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
...Azariah Email Subject: "RE: [EXTERNAL] Acknowledgement Payroll reduction and Reason" Date: July 23, 2024
"When you return, we will be more than happy to give you a refresher training."
...Azariah Email Subject: "RE: [EXTERNAL] Managing PTO in the face of illness and family health responsibilities" Date: July 3, 2024
Interactive Process and Short-Term Disability (STD):
Content: HRBP contact, delays the process with the excuse due to your claim for leave of absence/STD with MetLife. The Contact proposes to resume the discussion upon your return from the leave.
Concerns:
Delay in Accommodation Discussion: It's concerning that the accommodation discussions are being postponed repeatedly. The interactive process should ideally continue irrespective of the STD claim to ensure timely and appropriate accommodations.
Repeated Postponements: The letter mentions that discussions will resume upon your return. However, this approach seems to delay addressing your needs and might be perceived as avoidance of immediate accommodation needs.
Potential ADA Compliance Issues: Continuous delays could be seen as non-compliance with the ADA, which mandates a timely interactive process to assess and implement reasonable accommodations.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
Thank you for your understanding and cooperation.
Sincerely,
Thomas Coates
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
.
Thomas Coates <tdcoates@gmail.com>
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Thomas Douglas <gethomesdata@outlook.com>
Thu, Aug 22, 2024 at 12:22 AM
To: "tdcoates@gmail.com" <tdcoates@gmail.com>
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 3:30 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith,
Last thing for today, I promise:
38. In determining whether there has been an unnecessary delay in responding to a request for reasonable accommodation, relevant factors would include: (1) the reason(s) for the delay, (2) the length of the delay, (3) how much the individual with a disability and the employer each contributed to the delay, (4) what the employer was doing during the delay, and (5) whether the required accommodation was simple or complex to provide.
An employer should respond expeditiously to a request for reasonable accommodation. If the employer and the individual with a disability need to engage in an interactive process, this too should proceed as quickly as possible.(37) Similarly, the employer should act promptly to provide the reasonable accommodation. Unnecessary delays can result in a violation of the ADA.(38)
Saying that we can talk about it when you get back from: (a leave that has not even been approved, a leave that is an outlier on anyone's bell-curve for "Waiting Period") is not a demonstration of an interactive process.
By the way, there are aspects of the MetLife process that are supposed to be confidential. That is why her guesses as to why the application was closed and updated are completely incorrect.
You can't say, let's wait until you get back from leave to talk about your request to examine payroll. "Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
THEN LOOK AT THIS:
I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct.
"OPEN DOOR POLICY!: Please ask us to investigate, and we will do it for you to our favor while you are on unpaid leave!!
Hello Thomas,
As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. As a result, you are currently in an unpaid status. In order to be in a paid status, you either need to be working or on an approved paid leave of absence. Please advise when you will be returning to work.....
Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have.
Azariah Workman
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:58 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
...same one Keith:
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE.
Dear ServiceNow,
NON-INTERACTIVE PROCESS:
"We can discuss the details further when you return from your leave in September."...Azariah
...Azariah Email Subject: "RE: [EXTERNAL] Request for Employer-Provided Leave and the Americans with Disabilities Act and request for Reasonable Accommodations" Date: July 9, 2024
"Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process to evaluate and implement appropriate accommodations."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"If there are no additional accommodations listed on your return-to-work paperwork, we will be ready to finalize your initial accommodation request with you in person upon your return."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
...Azariah Email Subject: "RE: [EXTERNAL] Acknowledgement Payroll reduction and Reason" Date: July 23, 2024
"When you return, we will be more than happy to give you a refresher training."
...Azariah Email Subject: "RE: [EXTERNAL] Managing PTO in the face of illness and family health responsibilities" Date: July 3, 2024
Interactive Process and Short-Term Disability (STD):
Content: HRBP contact, delays the process with the excuse due to your claim for leave of absence/STD with MetLife. The Contact proposes to resume the discussion upon your return from the leave.
Concerns:
Delay in Accommodation Discussion: It's concerning that the accommodation discussions are being postponed repeatedly. The interactive process should ideally continue irrespective of the STD claim to ensure timely and appropriate accommodations.
Repeated Postponements: The letter mentions that discussions will resume upon your return. However, this approach seems to delay addressing your needs and might be perceived as avoidance of immediate accommodation needs.
Potential ADA Compliance Issues: Continuous delays could be seen as non-compliance with the ADA, which mandates a timely interactive process to assess and implement reasonable accommodations.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
Thank you for your understanding and cooperation.
Sincerely,
Thomas Coates
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
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Thomas Douglas<gethomesdata@outlook.com>
Tue, Aug 6, 2024, 9:42 AM
to Keith, Kia, me, Thomas
Dear Ms. Painter, (please read below)
You were the only one to respond! Out of ALL.
I know this is unorthodox, but
I am a single Dad, with a very ill Son.
I have a bad heart as well.
I came into work to speak with Ms. Workman for the
First time face-to-face, and had to leave with chest pains.
She went in to Workday and cut my pay that very day!
Please read on, I will send you a cleaner copy of all soon!
Thomas Coates
Keith, I did check my communications. This "previous communications"
is nowhere to be found.
I did not here from you until it was escalated.
Keith, look how many emails which were also addressed to you!
32 Days of doing nothing, how can you watch this and not help?
.
Date and Time
Written Requests
Response
Correspondence
Note
2024-07-02 14:40 (30 days ago)
"OCCURRENCES" Increased - changes/additions made with errors
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
"OCCURRENCES" Increased - changes/additions made with errors - Performance : Compensation for Thomas Coates HRC1149024 Thomas Coates Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, Rachel Smith, Donte Holmes, Sarah DellaVecchio, Thomas Coates OCCURENCES INCREASED - CHANGES/ADDITIONS MADE WITH ERRORS
My pending request for time-off to care for my Son, in 4 days, had not received a single response. - However, at the same time, this period was used as an opportunity to make updates which increased my occurrences and an opportunity to generate a Written ScoreCard Final Warning!
ON June 25, a WRITTEN REQUEST had been turned in concerning PAYROLL, TIME, WORKDAY, BENEFITS, DISABILITY, LEAVE, COMPUTER LOGS/TICKETS, OFFLINES, Absence Requests Absence Balance, with PENDING AND UNRESOLVED (responded-to) REQUESTS SUBMITTED, why would there be retroactive and incorrect changes made to Occurrences? Thomas D. Coates June 30, 2024
2024-07-02 15:59 (30 days ago)
Managing PTO
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
Managing PTO in the face of illness and family health responsibilities Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, Donte Holmes, Sarah DellaVecchio, Keith Wilson I hope this letter finds you well. I am writing to address an important matter regarding the accessibility of our PTO scheduling system, particularly in situations where an employee is homebound due to illness or other health-related issues in caring for family members with illness...
2024-07-05 17:38 (27 days ago)
Delayed Access to Systems
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
Delayed Access to Systems Required to manage Health and Well-being Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, Sarah DellaVecchio, Keith Wilson I hope all is well. I am writing to address a critical issue regarding my current inability to access essential corporate systems and applications while on disability leave. As you are aware, and I have stated and repeated requests...
2024-07-09 12:37 (23 days ago)
ADA Accommodation Request
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE PAYROLL REASONABLE ACCOMMODATION
Request for Employer-Provided Leave and the Americans with Disabilities Act and request for Reasonable Accommodations Thomas - <tdcoates@gmail.com> Attachments SENT TO: Azariah Workman, Keith Wilson I trust all is well with you. I am writing to formally introduce a request for reasonable accommodation under the Americans with Disabilities Act (ADA). Attached to this letter, you will find the completed "Request for Reasonable Accommodation" form...
2024-07-12 12:29 (20 days ago)
Payroll Impacted Immediate Attention
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
Payroll Impacted Immediate Attention Thomas - <tdcoates@gmail.com> Attachments SENT TO: Azariah Workman I hope this letter finds you well. I am writing to address a concerning issue regarding my most recent paycheck. Upon reviewing my payment for the two-week period, I noticed that my pay was approximately 60% of my usual earnings...
2024-07-25 17:03 (7 days ago)
Completed Physician Accommodation Request Form, Medical and Accommodation Documentation
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Completed Physician Accommodation Request Form, Medical and Accommodation Documentation Thomas - <tdcoates@gmail.com> SENT TO: My, Keith, Azariah, me Thomas D. Coates 3416 Warren Place Virginia Beach, VA 23452 tdcoates@gmail.com (757) 374-3539 Date: July 25, 2024 Human Resources Partner Cox Communications 1341 Crossways Blvd Chesapeake, VA 23320 Subject: Submission of Medical Documentation and Accommodation Documentation Dear [Human Resources Partner], I hope this message finds you well. I am writing to submit essential medical documentation and to formally request accommodations for my health conditions. Enclosed, you will find the following documents: Letter from My Doctor Regarding Leave, Sickness, Accommodations, and Severe Impairments Document: MyChartDRURENA0723202407252024d.pdf Completed Physician Accommodation Request Form Document: CoatesThomasPhysicianRequestFormfnl07252024138pm.pdf MetLife Short-Term Disability Claim Status Claim Number: MLE-105#### My short-term disability claim with MetLife is still active and pending. I am actively working with my Short-Term Disability Claims Specialist and my medical providers to manage my condition. The attached documents provide a detailed account of my current health status and the necessary accommodations to support my continued employment at Cox Communications. Disclaimer: Confidential Medical Information This communication contains confidential medical information protected under ADA and HIPAA regulations. This information is strictly confidential and is not to be shared with unauthorized individuals. Unauthorized disclosure or sharing of this information may result in legal consequences. Legal Statement: If this communication does not arrive at the correct responsible party, please ensure it is forwarded to the appropriate individual or department immediately. The receipt of this communication confirms that you acknowledge the confidentiality and legal protection of the enclosed medical information. Copy to: EthicsPoint I am also copying this communication to EthicsPoint to ensure all parties are informed and that my concerns are addressed promptly and appropriately. Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA - U.S. Equal Employment Opportunity Commission Additionally, I have attached a pertinent legal guidance document for your reference. This document provides valuable insights into the legal framework governing reasonable accommodations and can aid in understanding my requests. Thank you for your prompt attention to this matter. I look forward to your cooperation in providing the necessary accommodations and support as outlined in the attached documents. Sincerely, Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative Enclosures: MyChartDRURENA0723202407252024d.pdf CoatesThomasPhysicianRequestFormfnl07252024138pm.pdf CC: EthicsPoint
2024-07-26 10:59 (7 days ago)
Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, My, Keith, me Good Morning Thomas, We have received your paperwork regarding your accommodation request. Thank you for providing the necessary documentation. We will review your request through our standard interactive process to ensure we fully understand your needs and how we can best support you. If you have any questions or need further assistance in the meantime, please do not hesitate to contact me. Azariah Workman
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM CHAU-TRISS HERRING RESPONSE NONE
Immediate Attention Required: Multiple Unresolved Issues Thomas - <tdcoates@gmail.com> SENT TO: Chauntriss Herring, LTD, My, ethics, hrservices, Debra.Cornish, kia.painter, Azariah July 26, 2024 Chauntriss Herring Manager, Leave & Disability Chauntriss.Herring@coxinc.com Corporate Benefits � Disability Team LTD@coxinc.com HR Compliance Team cox@service-now.comethics@coxinc.comhrservices@coxinc.comDebra.Cornish@cox.comkia.painter@cox.com CLAIM NUMBER: 630441559501 Subject: Immediate Attention Required: Multiple Unresolved Issues Dear Ms. Herring, Ms. Kia, Ms. Cornish and HR Compliance Team, I am writing to express my deep frustration and disappointment with the ongoing lack of action regarding my numerous requests and reported issues, despite having contacted EthicsPoint and other responsible parties within Cox Communications. The following is a brief history of the most flagrant requests that have been ignored, which I believe constitute significant process and compliance failures: Payroll Discrepancies: I have repeatedly requested investigations into payroll discrepancies that significantly impact my financial stability. Despite providing detailed documentation and evidence of errors, these requests have been consistently ignored. Disability and Leave Requests: I have submitted multiple requests for disability accommodations and leave, all of which have been either ignored or inadequately addressed. My short-term disability claim is still active and pending with MetLife, and I am in constant communication with my Claims Specialist and Medical Providers (Thomas Coates Claim Number: MLE-105####). Immediate Pay Cut: My pay was unjustly cut before any corporate policy or guidelines were scheduled to take effect, without any explanation or communication. This action violates both company policy and federal guidelines. Unaddressed HR Cases: Despite multiple submissions, my cases within the HR system remain unresolved. The following are current open requests in the HR system: General Inquiry case for Thomas Coates - 00812404 (HRC1147319), Ready, Created 36 days ago General Inquiry case for Thomas Coates (HRC1149551), Ready, Created 25 days ago Performance: Compensation for Thomas Coates
2024-07-31 14:43 (2 days ago)
Follow Up
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Follow Up Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Hello Thomas, I am writing in response to your most recent accommodation request and acknowledging receipt of the email that you sent to CCI & CEI Human Resources leadership team on July 26, 2024 and again on July 31, 2024. This email is intended to address the various communications we have received from you through email, ESC tickets, and our EthicsPoint system. I will continue to remain your point of contact to address your concerns throughout the duration of your leave and subsequent return. Cox is prepared to engage with you in the interactive process to determine the appropriateness of the accommodations that you have requested; however, because you have reopened a claim for a leave of absence/STD with MetLife, we can pause engaging in those discussions while you remain out on the MetLife related leave. Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process to evaluate and implement appropriate accommodations. Please note that when returning from a MetLife managed leave of absence, employees are required to provide documentation supporting their return to work, including any associated medical restrictions. We can work with you to evaluate that return-to-work paperwork, as well as the paperwork you have provided, to assess appropriate accommodations. If there are no additional accommodations listed on your return-to-work paperwork, we will be ready to finalize your initial accommodation request with you in person upon your return. If approved, the accommodation will be implemented, and both you and your supervisor will be informed of any adjustments or changes to your work conditions. Regular follow-ups will be conducted to ensure that the accommodation remains effective and meets your needs. Regarding your alleged commission-related payroll discrepancies, on June 27, 2024, you requested a copy of the Residential Sales Performance Scorecard Policy. A copy was sent to you on July 19, 2024. The policy outlines the �standards� of success for your position along with commissionable metrics. This is the same document that you acknowledged on November 28, 2023, and May 10, 2024. I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct. Regarding your paycheck dated July 12, 2024, the pay period started on June 22, 2024, and ended on July 5, 2024. You worked your normal scheduled shift beginning on June 22, 2024 (Sat, Mon, Tue, Wed & Thur 12pm-9pm) through June 27, 2024. Your total hours worked for that week was 31.48 hours. Beginning on June 28, 2024, through June 29, 2024, you took a total of 16 hours paid PTO. As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct. To the extent that you have additional information for us to consider regarding these concerns, please send that information to me directly so I can perform further review. Best regards, Azariah Workman
2024-08-01 15:23 (1 day ago)
Request for ADA Accommodation Status Update
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Request for ADA Accommodation Status Update Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Dear Azariah, I am writing to request an update on the status of my ADA accommodation request. It has been several weeks since I submitted the necessary documentation, and I have not received any follow-up or confirmation regarding the approval and implementation of my accommodations. I would appreciate it if you could provide me with a timeline and any additional steps required to finalize this process. Thank you for your attention to this matter. Sincerely, Thomas D. Coates
2024-08-01 16:45 (1 day ago)
Clarification on Payroll Adjustments
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Clarification on Payroll Adjustments Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Dear Azariah, I am seeking clarification on the recent adjustments made to my payroll. Specifically, I need to understand the rationale behind the deductions and the periods they pertain to. Additionally, I would like to request a detailed breakdown of my earnings and any adjustments made over the past three months. This information is crucial for me to reconcile my records and ensure there are no discrepancies. I appreciate your prompt response to this matter. Best regards, Thomas D. Coates
2024-08-02 10:12 (Today)
Urgent: Follow-Up on Pending Requests
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Urgent: Follow-Up on Pending Requests Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Dear Azariah, I am following up on several outstanding requests that have yet to be addressed. These include my ADA accommodation status, payroll adjustments, and access to necessary systems. The delay in resolving these issues is causing significant inconvenience and stress. I urge you to prioritize these matters and provide a comprehensive update at your earliest convenience. Sincerely, Thomas D. Coates
Regulations that govern the handling of my requests and protect my rights as an employee:
Wage and Hour Division (WHD) - Fair Labor Standards Act (FLSA): The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal laws prohibiting employment discrimination. This includes protections under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. It also requires employers to provide reasonable accommodations to employees with disabilities.
Virginia Sickness and Disability Plan (VSDP): The VSDP provides eligible employees with income protection if they cannot work due to a non-work-related injury, illness, or other medical condition. This includes short-term and long-term disability benefits.
Virginia Attorney General's Office: The Attorney General's Office oversees the enforcement of state laws and ensures that the rights of citizens are protected, including workplace rights under the Virginia Human Rights Act and other relevant statutes.
.aaaaa
Azariah Workman
Employee Experience HRBP Manage
Jul 31, 2024, 2:43 PM (6 days ago)
Regarding your paycheck dated July 12, 2024, the pay period started on June 22, 2024, and ended on July 5, 2024. You worked your normal scheduled shift beginning on June 22, 2024 (Sat, Mon, Tue, Wed & Thur 12pm-9pm) through June 27, 2024. Your total hours worked for that week was 31.48 hours. Beginning on June 28, 2024, through June 29, 2024, you took a total of 16 hours paid PTO. As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct.
Azariah Workman
Employee Experience HRBP Manage
Jul 31, 2024, 2:43 PM (6 days ago)
Keith, read her letter here. She went right in after this and CUT MY PAY! On the
same day JUNE 28th.
Azariah Workman - Here is more of that July 19, 2024 email ↓
.
�.� I have verified with payroll that your paycheck is correct.� Azariah - July 19, 2024
.
�Someone put in a waiting period for June 29th to July 6.
Here is another Leave Waiting period, for July 1, 2024 - I wonder what that
does to that other Leave Waiting period?
...and then there is that little Leave Denied one, not sure what that is?
...here it is again....
..AND I DID NOT GET PAID FOR THE 4th of JULY!! :-(
but the pay period ran until the 5th.....
.
�.� I have verified with payroll that your paycheck is correct.� Azariah - July 19, 2024
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
Thank you for your understanding and cooperation.
Sincerely,
Thomas Coates
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:58 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
...same one Keith:
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE.
Dear ServiceNow,
NON-INTERACTIVE PROCESS:
"We can discuss the details further when you return from your leave in September."...Azariah
...Azariah Email Subject: "RE: [EXTERNAL] Request for Employer-Provided Leave and the Americans with Disabilities Act and request for Reasonable Accommodations" Date: July 9, 2024
"Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process to evaluate and implement appropriate accommodations."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"If there are no additional accommodations listed on your return-to-work paperwork, we will be ready to finalize your initial accommodation request with you in person upon your return."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
...Azariah Email Subject: "RE: [EXTERNAL] Acknowledgement Payroll reduction and Reason" Date: July 23, 2024
"When you return, we will be more than happy to give you a refresher training."
...Azariah Email Subject: "RE: [EXTERNAL] Managing PTO in the face of illness and family health responsibilities" Date: July 3, 2024
Interactive Process and Short-Term Disability (STD):
Content: HRBP contact, delays the process with the excuse due to your claim for leave of absence/STD with MetLife. The Contact proposes to resume the discussion upon your return from the leave.
Concerns:
Delay in Accommodation Discussion: It's concerning that the accommodation discussions are being postponed repeatedly. The interactive process should ideally continue irrespective of the STD claim to ensure timely and appropriate accommodations.
Repeated Postponements: The letter mentions that discussions will resume upon your return. However, this approach seems to delay addressing your needs and might be perceived as avoidance of immediate accommodation needs.
Potential ADA Compliance Issues: Continuous delays could be seen as non-compliance with the ADA, which mandates a timely interactive process to assess and implement reasonable accommodations.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 3:30 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith,
Last thing for today, I promise:
38. In determining whether there has been an unnecessary delay in responding to a request for reasonable accommodation, relevant factors would include: (1) the reason(s) for the delay, (2) the length of the delay, (3) how much the individual with a disability and the employer each contributed to the delay, (4) what the employer was doing during the delay, and (5) whether the required accommodation was simple or complex to provide.
An employer should respond expeditiously to a request for reasonable accommodation. If the employer and the individual with a disability need to engage in an interactive process, this too should proceed as quickly as possible.(37) Similarly, the employer should act promptly to provide the reasonable accommodation. Unnecessary delays can result in a violation of the ADA.(38)
Saying that we can talk about it when you get back from: (a leave that has not even been approved, a leave that is an outlier on anyone's bell-curve for "Waiting Period") is not a demonstration of an interactive process.
By the way, there are aspects of the MetLife process that are supposed to be confidential. That is why her guesses as to why the application was closed and updated are completely incorrect.
You can't say, let's wait until you get back from leave to talk about your request to examine payroll. "Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
THEN LOOK AT THIS:
I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct.
"OPEN DOOR POLICY!: Please ask us to investigate, and we will do it for you to our favor while you are on unpaid leave!!
Hello Thomas,
As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. As a result, you are currently in an unpaid status. In order to be in a paid status, you either need to be working or on an approved paid leave of absence. Please advise when you will be returning to work.....
Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have.
Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Inbox
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Thomas Douglas<gethomesdata@outlook.com>
Aug 6, 2024, 9:42 AM
to Keith, Kia, me, Thomas
Dear Ms. Painter, (please read below)
You were the only one to respond! Out of ALL.
I know this is unorthodox, but
I am a single Dad, with a very ill Son.
I have a bad heart as well.
I came into work to speak with Ms. Workman for the
First time face-to-face, and had to leave with chest pains.
She went in to Workday and cut my pay that very day!
Please read on, I will send you a cleaner copy of all soon!
Thomas Coates
Keith, I did check my communications. This "previous communications"
is nowhere to be found.
I did not here from you until it was escalated.
Keith, look how many emails which were also addressed to you!
32 Days of doing nothing, how can you watch this and not help?
.
Date and Time
Written Requests
Response
Correspondence
Note
2024-07-02 14:40 (30 days ago)
"OCCURRENCES" Increased - changes/additions made with errors
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
"OCCURRENCES" Increased - changes/additions made with errors - Performance : Compensation for Thomas Coates HRC1149024 Thomas Coates Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, Rachel Smith, Donte Holmes, Sarah DellaVecchio, Thomas Coates OCCURENCES INCREASED - CHANGES/ADDITIONS MADE WITH ERRORS
My pending request for time-off to care for my Son, in 4 days, had not received a single response. - However, at the same time, this period was used as an opportunity to make updates which increased my occurrences and an opportunity to generate a Written ScoreCard Final Warning!
ON June 25, a WRITTEN REQUEST had been turned in concerning PAYROLL, TIME, WORKDAY, BENEFITS, DISABILITY, LEAVE, COMPUTER LOGS/TICKETS, OFFLINES, Absence Requests Absence Balance, with PENDING AND UNRESOLVED (responded-to) REQUESTS SUBMITTED, why would there be retroactive and incorrect changes made to Occurrences? Thomas D. Coates June 30, 2024
2024-07-02 15:59 (30 days ago)
Managing PTO
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
Managing PTO in the face of illness and family health responsibilities Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, Donte Holmes, Sarah DellaVecchio, Keith Wilson I hope this letter finds you well. I am writing to address an important matter regarding the accessibility of our PTO scheduling system, particularly in situations where an employee is homebound due to illness or other health-related issues in caring for family members with illness...
2024-07-05 17:38 (27 days ago)
Delayed Access to Systems
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
Delayed Access to Systems Required to manage Health and Well-being Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, Sarah DellaVecchio, Keith Wilson I hope all is well. I am writing to address a critical issue regarding my current inability to access essential corporate systems and applications while on disability leave. As you are aware, and I have stated and repeated requests...
2024-07-09 12:37 (23 days ago)
ADA Accommodation Request
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE PAYROLL REASONABLE ACCOMMODATION
Request for Employer-Provided Leave and the Americans with Disabilities Act and request for Reasonable Accommodations Thomas - <tdcoates@gmail.com> Attachments SENT TO: Azariah Workman, Keith Wilson I trust all is well with you. I am writing to formally introduce a request for reasonable accommodation under the Americans with Disabilities Act (ADA). Attached to this letter, you will find the completed "Request for Reasonable Accommodation" form...
2024-07-12 12:29 (20 days ago)
Payroll Impacted Immediate Attention
ACKNOWLEDGMENT OF RECEIPT NONE RESPONSE NONE
Payroll Impacted Immediate Attention Thomas - <tdcoates@gmail.com> Attachments SENT TO: Azariah Workman I hope this letter finds you well. I am writing to address a concerning issue regarding my most recent paycheck. Upon reviewing my payment for the two-week period, I noticed that my pay was approximately 60% of my usual earnings...
2024-07-25 17:03 (7 days ago)
Completed Physician Accommodation Request Form, Medical and Accommodation Documentation
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Completed Physician Accommodation Request Form, Medical and Accommodation Documentation Thomas - <tdcoates@gmail.com> SENT TO: My, Keith, Azariah, me Thomas D. Coates 3416 Warren Place Virginia Beach, VA 23452 tdcoates@gmail.com (757) 374-3539 Date: July 25, 2024 Human Resources Partner Cox Communications 1341 Crossways Blvd Chesapeake, VA 23320 Subject: Submission of Medical Documentation and Accommodation Documentation Dear [Human Resources Partner], I hope this message finds you well. I am writing to submit essential medical documentation and to formally request accommodations for my health conditions. Enclosed, you will find the following documents: Letter from My Doctor Regarding Leave, Sickness, Accommodations, and Severe Impairments Document: MyChartDRURENA0723202407252024d.pdf Completed Physician Accommodation Request Form Document: CoatesThomasPhysicianRequestFormfnl07252024138pm.pdf MetLife Short-Term Disability Claim Status Claim Number: MLE-105#### My short-term disability claim with MetLife is still active and pending. I am actively working with my Short-Term Disability Claims Specialist and my medical providers to manage my condition. The attached documents provide a detailed account of my current health status and the necessary accommodations to support my continued employment at Cox Communications. Disclaimer: Confidential Medical Information This communication contains confidential medical information protected under ADA and HIPAA regulations. This information is strictly confidential and is not to be shared with unauthorized individuals. Unauthorized disclosure or sharing of this information may result in legal consequences. Legal Statement: If this communication does not arrive at the correct responsible party, please ensure it is forwarded to the appropriate individual or department immediately. The receipt of this communication confirms that you acknowledge the confidentiality and legal protection of the enclosed medical information. Copy to: EthicsPoint I am also copying this communication to EthicsPoint to ensure all parties are informed and that my concerns are addressed promptly and appropriately. Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA - U.S. Equal Employment Opportunity Commission Additionally, I have attached a pertinent legal guidance document for your reference. This document provides valuable insights into the legal framework governing reasonable accommodations and can aid in understanding my requests. Thank you for your prompt attention to this matter. I look forward to your cooperation in providing the necessary accommodations and support as outlined in the attached documents. Sincerely, Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative Enclosures: MyChartDRURENA0723202407252024d.pdf CoatesThomasPhysicianRequestFormfnl07252024138pm.pdf CC: EthicsPoint
2024-07-26 10:59 (7 days ago)
Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman, My, Keith, me Good Morning Thomas, We have received your paperwork regarding your accommodation request. Thank you for providing the necessary documentation. We will review your request through our standard interactive process to ensure we fully understand your needs and how we can best support you. If you have any questions or need further assistance in the meantime, please do not hesitate to contact me. Azariah Workman
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM CHAU-TRISS HERRING RESPONSE NONE
Immediate Attention Required: Multiple Unresolved Issues Thomas - <tdcoates@gmail.com> SENT TO: Chauntriss Herring, LTD, My, ethics, hrservices, Debra.Cornish, kia.painter, Azariah July 26, 2024 Chauntriss Herring Manager, Leave & Disability Chauntriss.Herring@coxinc.com Corporate Benefits � Disability Team LTD@coxinc.com HR Compliance Team cox@service-now.comethics@coxinc.comhrservices@coxinc.comDebra.Cornish@cox.comkia.painter@cox.com CLAIM NUMBER: 630441559501 Subject: Immediate Attention Required: Multiple Unresolved Issues Dear Ms. Herring, Ms. Kia, Ms. Cornish and HR Compliance Team, I am writing to express my deep frustration and disappointment with the ongoing lack of action regarding my numerous requests and reported issues, despite having contacted EthicsPoint and other responsible parties within Cox Communications. The following is a brief history of the most flagrant requests that have been ignored, which I believe constitute significant process and compliance failures: Payroll Discrepancies: I have repeatedly requested investigations into payroll discrepancies that significantly impact my financial stability. Despite providing detailed documentation and evidence of errors, these requests have been consistently ignored. Disability and Leave Requests: I have submitted multiple requests for disability accommodations and leave, all of which have been either ignored or inadequately addressed. My short-term disability claim is still active and pending with MetLife, and I am in constant communication with my Claims Specialist and Medical Providers (Thomas Coates Claim Number: MLE-105####). Immediate Pay Cut: My pay was unjustly cut before any corporate policy or guidelines were scheduled to take effect, without any explanation or communication. This action violates both company policy and federal guidelines. Unaddressed HR Cases: Despite multiple submissions, my cases within the HR system remain unresolved. The following are current open requests in the HR system: General Inquiry case for Thomas Coates - 00812404 (HRC1147319), Ready, Created 36 days ago General Inquiry case for Thomas Coates (HRC1149551), Ready, Created 25 days ago Performance: Compensation for Thomas Coates
2024-07-31 14:43 (2 days ago)
Follow Up
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Follow Up Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Hello Thomas, I am writing in response to your most recent accommodation request and acknowledging receipt of the email that you sent to CCI & CEI Human Resources leadership team on July 26, 2024 and again on July 31, 2024. This email is intended to address the various communications we have received from you through email, ESC tickets, and our EthicsPoint system. I will continue to remain your point of contact to address your concerns throughout the duration of your leave and subsequent return. Cox is prepared to engage with you in the interactive process to determine the appropriateness of the accommodations that you have requested; however, because you have reopened a claim for a leave of absence/STD with MetLife, we can pause engaging in those discussions while you remain out on the MetLife related leave. Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process to evaluate and implement appropriate accommodations. Please note that when returning from a MetLife managed leave of absence, employees are required to provide documentation supporting their return to work, including any associated medical restrictions. We can work with you to evaluate that return-to-work paperwork, as well as the paperwork you have provided, to assess appropriate accommodations. If there are no additional accommodations listed on your return-to-work paperwork, we will be ready to finalize your initial accommodation request with you in person upon your return. If approved, the accommodation will be implemented, and both you and your supervisor will be informed of any adjustments or changes to your work conditions. Regular follow-ups will be conducted to ensure that the accommodation remains effective and meets your needs. Regarding your alleged commission-related payroll discrepancies, on June 27, 2024, you requested a copy of the Residential Sales Performance Scorecard Policy. A copy was sent to you on July 19, 2024. The policy outlines the �standards� of success for your position along with commissionable metrics. This is the same document that you acknowledged on November 28, 2023, and May 10, 2024. I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct. Regarding your paycheck dated July 12, 2024, the pay period started on June 22, 2024, and ended on July 5, 2024. You worked your normal scheduled shift beginning on June 22, 2024 (Sat, Mon, Tue, Wed & Thur 12pm-9pm) through June 27, 2024. Your total hours worked for that week was 31.48 hours. Beginning on June 28, 2024, through June 29, 2024, you took a total of 16 hours paid PTO. As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct. To the extent that you have additional information for us to consider regarding these concerns, please send that information to me directly so I can perform further review. Best regards, Azariah Workman
2024-08-01 15:23 (1 day ago)
Request for ADA Accommodation Status Update
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Request for ADA Accommodation Status Update Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Dear Azariah, I am writing to request an update on the status of my ADA accommodation request. It has been several weeks since I submitted the necessary documentation, and I have not received any follow-up or confirmation regarding the approval and implementation of my accommodations. I would appreciate it if you could provide me with a timeline and any additional steps required to finalize this process. Thank you for your attention to this matter. Sincerely, Thomas D. Coates
2024-08-01 16:45 (1 day ago)
Clarification on Payroll Adjustments
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Clarification on Payroll Adjustments Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Dear Azariah, I am seeking clarification on the recent adjustments made to my payroll. Specifically, I need to understand the rationale behind the deductions and the periods they pertain to. Additionally, I would like to request a detailed breakdown of my earnings and any adjustments made over the past three months. This information is crucial for me to reconcile my records and ensure there are no discrepancies. I appreciate your prompt response to this matter. Best regards, Thomas D. Coates
2024-08-02 10:12 (Today)
Urgent: Follow-Up on Pending Requests
ACKNOWLEDGMENT OF RECEIPT RESPONSE FROM AZARIAH WORKMAN RESPONSE NONE
Urgent: Follow-Up on Pending Requests Thomas - <tdcoates@gmail.com> SENT TO: Azariah Workman Dear Azariah, I am following up on several outstanding requests that have yet to be addressed. These include my ADA accommodation status, payroll adjustments, and access to necessary systems. The delay in resolving these issues is causing significant inconvenience and stress. I urge you to prioritize these matters and provide a comprehensive update at your earliest convenience. Sincerely, Thomas D. Coates
Regulations that govern the handling of my requests and protect my rights as an employee:
Wage and Hour Division (WHD) - Fair Labor Standards Act (FLSA): The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal laws prohibiting employment discrimination. This includes protections under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. It also requires employers to provide reasonable accommodations to employees with disabilities.
Virginia Sickness and Disability Plan (VSDP): The VSDP provides eligible employees with income protection if they cannot work due to a non-work-related injury, illness, or other medical condition. This includes short-term and long-term disability benefits.
Virginia Attorney General's Office: The Attorney General's Office oversees the enforcement of state laws and ensures that the rights of citizens are protected, including workplace rights under the Virginia Human Rights Act and other relevant statutes.
.aaaaa
Azariah Workman
Employee Experience HRBP Manage
Jul 31, 2024, 2:43 PM (6 days ago)
Regarding your paycheck dated July 12, 2024, the pay period started on June 22, 2024, and ended on July 5, 2024. You worked your normal scheduled shift beginning on June 22, 2024 (Sat, Mon, Tue, Wed & Thur 12pm-9pm) through June 27, 2024. Your total hours worked for that week was 31.48 hours. Beginning on June 28, 2024, through June 29, 2024, you took a total of 16 hours paid PTO. As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct.
Azariah Workman
Employee Experience HRBP Manage
Jul 31, 2024, 2:43 PM (6 days ago)
Keith, read her letter here. She went right in after this and CUT MY PAY! On the
same day JUNE 28th.
Azariah Workman - Here is more of that July 19, 2024 email ↓
.
�.� I have verified with payroll that your paycheck is correct.� Azariah - July 19, 2024
.
�Someone put in a waiting period for June 29th to July 6.
�Why did no one say anything about the PTO I put in for July 2nd and July 3?
which of course I was not paid for.
Here is another Leave Waiting period, for July 1, 2024 - I wonder what that
does to that other Leave Waiting period?
...and then there is that little Leave Denied one, not sure what that is?
...here it is again....
..AND I DID NOT GET PAID FOR THE 4th of JULY!! :-(
but the pay period ran until the 5th.....
.
�.� I have verified with payroll that your paycheck is correct.� Azariah - July 19, 2024
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
Thank you for your understanding and cooperation.
Sincerely,
Thomas Coates
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Keith,
Thank you for your note.
Yes, you have been copied on quite a few, very specific requests over the past month.
Well, lets just take one for now.
If you can explain just this one, you would help me with MY confusion:
First, a puzzling sentence: " Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
ONE EXAMPLE OF A CRITICAL INCONSISTENCY REGARDING PAYROLL - This is why I have called for an audit of Workday systems and I have asked Cox Corporate to go on the record as saying this is their official stance:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th. Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave. I have verified with payroll that your paycheck is correct."
Examination of Payroll Adjustments and Leave Status
Let's look at this specific item in your email:
"As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024 (HOW COULD THIS BE? THE PAY PERIOD WAS FROM JUNE 22ND TO JULY 5TH, THUS JULY 1ST FALLS WITHIN THIS PERIOD. HOWEVER, NO COMMUNICATION OR ACTION RELATED TO THIS FILING SHOULD AFFECT THE PAYCHECK FOR THIS PERIOD ISSUED ON JULY 12TH); however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? ACTION ON JULY 11TH SHOULD NOT LOGICALLY RETROACTIVELY IMPACT PAY PERIOD ENDING JULY 5TH, ALREADY PROCESSED). Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th, and 5th (HOW COULD THIS BE? METLIFE'S STATUS SHOULD NOT IMPACT ALREADY WORKED DAYS; STATEMENT SUGGESTS RETROACTIVE ADJUSTMENT WITHOUT BASIS). Accordingly, you were not paid for those days as you did not work, nor were you out on approved paid leave (HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? PAY WAS CUT OFF ON JUNE 28, PRIOR TO JULY 5TH PAY PERIOD END; ANY UNPAID DAYS SHOULD HAVE BEEN ADDRESSED WITH APPROPRIATE LEAVE STATUS AT THAT TIME, WHY WAS I NOT INFORMED OF THIS, IS THAT COX POLICY - NOT ONLY WAS I NOT INFORMED, I WAS AT THE TIME ACTIVELY PLEADING FOR A RESPONSE TO MY ADA ACCOMMODATIONS AND PAY). I have verified with payroll that your paycheck is correct."A"CORRECT" VERIFIED"?THE MUST BE AN AUDIT)
Critical Examination:
Timing and Impact of July 11th Action:
My paycheck and pay period ended on July 5th, 2024. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? How could an action you state took place on July 11th, 2024, affect a paycheck I already received?
Are you saying that on July 11th, the fact that I withdrew a case with MetLife caused you to then go in and issue a directive in Workday to not pay me for the period ending July 5th?
Additional Questions:
Specific Actions and Documentation:
What specific actions were taken by Cox Communications on July 11th, 2024, that resulted in the adjustment of my paycheck for the period ending July 5th, 2024?
Can you provide documentation or records from Workday that show the directive issued to adjust my pay due to the withdrawal of my MetLife case?
Summary:
Your statement implies that my pay was adjusted retroactively due to an action taken on July 11th, which logically should not affect a pay period that ended on July 5th. HOW CAN YOU CHANGE SOMETHING FOR A CHECK THAT'S ALREADY BEEN ISSUED? This discrepancy needs clarification, and I request a detailed explanation and evidence of the actions taken and their impact on my pay.
This is just one of a multitude of reasons why I have asked for an audit and a new point of contact. This type of inconsistency is exactly what I want Cox Communications to go on record as saying is their official, sanctified action. Does Cox Communications support this?
GO ON THE RECORD! COX LEGAL, COX HRBP, AND COX CORPORATE
I REQUEST A FORMAL AND UNEQUIVOCAL STATEMENT FROM COX LEGAL, COX HRBP, AND COX CORPORATE REGARDING THE HANDLING OF MY REASONABLE ACCOMMODATION REQUESTS OVER THE PAST SIX WEEKS. SPECIFICALLY, I WOULD LIKE TO KNOW IF THESE DEPARTMENTS ARE WILLING TO GO ON RECORD AFFIRMING THAT THE ACTIONS AND DECISIONS MADE DURING THIS PERIOD ARE FULLY IN COMPLIANCE WITH COX�S POLICIES ON REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS AS MANDATED BY THE ADA.
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Details of Submissions:
�Initial Automated Responses: After submitting my concerns, I received automated responses acknowledging receipt of my submissions. However, there has been no follow-up or detailed responses addressing my concerns.
�Lack of Progress: Despite numerous submissions and detailed documentation provided, there has been no indication of any investigation or action taken to resolve these issues.
Request for Explanation: I kindly request a thorough explanation as to why there has been no substantive response or action taken regarding my submissions. It is disheartening and concerning that my attempts to seek resolution and ensure compliance with legal and ethical standards have been met with silence.
I have followed the proper channels, provided detailed documentation, and have been patient in awaiting a response. However, the continued lack of communication and action is unacceptable and detrimental to my well-being and employment situation.
Please provide an explanation and update on the status of my submissions as soon as possible. It is imperative that these serious concerns are addressed promptly and appropriately.
Thank you for your attention to this matter. I look forward to your immediate response.
Sincerely,
Thomas D. Coates Employee ID: 812404 CCI Inbound Sales Representative tdcoates@gmail.com (757) 374-3539
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
Your message to Kia Painter was forwarded to me. I�m a little confused by your claim that you have not received responses to any of the concerns you�ve raised. I�m aware of several email exchanges you�ve had with your HR Business Partner, Azariah Workman, including a detailed response earlier this week that attempted to provide clarity around your current leave, your accommodation request, and your pay-related questions. In my previous communication to you, I advised you that we are committed to thoroughly reviewing each of your concerns and working with you via the interactive process to identify a return-to-work path. That has not changed.
My suggestion is for you, Azariah, and I connect via a phone call early next week to discuss these matters in real time. It�s my hope that a live conversation will clarify the information that has previously been provided to you, and answer any remaining or additional questions you have.
What would be a good time for you to chat on Monday?
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Friday, August 2, 2024 1:16:54 PM To: Painter, Kia (CCI-Atlanta) <Kia.Painter@cox.com> Subject: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Dear Ms. Painter,
I am reaching out to you as part of my side of the interactive process under the ADA. Despite multiple attempts through other channels, I have not received a response, leaving me feeling isolated and unsupported. I hope to engage in a constructive dialogue to address my need for reasonable accommodation and ensure my concerns are heard and addressed.
I hope this message finds you well. I am writing to express my deep concern and frustration regarding the complete lack of response and action on the numerous submissions I have made to the EthicsPoint system over the past month. Despite receiving initial automated responses, there has been no further communication or indication of progress on the issues I have raised, particularly those involving potential violations of the Americans with Disabilities Act (ADA), payroll discrepancies, possible retaliation, and the lack of reasonable accommodations and interactive processes.
Summary of Issues Submitted:
1.ADA Compliance: Multiple requests for reasonable accommodations and engagement in the interactive process have been ignored.
2.Payroll Violations: Significant discrepancies in my payroll that have not been addressed or corrected.
3.Retaliation: Concerns about retaliatory actions taken against me for raising these issues.
4.Interactive Process: The company's failure to engage in a meaningful interactive process to determine appropriate accommodations.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:47 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:50 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith, here is a follow-up:
Subject: Follow-Up Request for Investigation into Pay Change Alterations and Associated Implications
Dear ServiceNow,
I hope this message finds you well. This letter serves as a follow-up on a request that was previously made but never carried out concerning a review of my payroll. It is important to note that the alterations to my pay have significant implications on my request for reasonable accommodations under the ADA and may constitute retaliation for my submissions regarding the Fair Labor Standards Act (FLSA) to have my commission, payroll, and time checked. Therefore, I am now formally requesting a comprehensive investigation into the alterations made to my pay during the critical period from June 15th to the present day.
It is essential to understand the circumstances and reasons behind these changes, and I believe a detailed review of the following Segregation of Duties (SoD) system components within Workday is necessary:
WorkDay - Role-Based Access Control (RBAC): This needs to be checked to identify who accessed the system, what changes were made, and on what dates these changes occurred. Most importantly, I need to know why these changes were made.
WorkDay - SoD Conflict Matrix: I would like this to be checked specifically to identify conflicts of interest by defining incompatible roles and tasks. Please highlight roles and tasks that should not have been performed by the same individual, such as someone approving and also processing payments. I need an explanation of how any identified conflicts were resolved, including workflow adjustments or additional approvals. I want to find out who performed these tasks, how choices were made, and the times and dates of these actions.
WorkDay - Approval Workflows: There are workflows that require multiple levels of approval for critical transactions. I want to know who made the transactions and, if there were approvals, who approved them. I need details on the multiple levels of approval for critical transactions, the approval chains to ensure no single individual had full control over a process, and the implementation of automated notifications to alert approvers when their action was required. I need to understand the approval process that was followed for the changes in my pay.
WorkDay - Audit Trails: I would like comprehensive logs of all system activities and changes. This should include the recording of transaction details, identifying who performed each action and when it occurred. Additionally, the audit should track modifications to data, roles, and permissions, and generate detailed reports for review. I am particularly interested in understanding why specific changes were made.
WorkDay - User Access Reviews: I would like a log of my access over the last two months and the changes made to my status in each instance. This includes adjusting or revoking access as necessary based on role changes or policy updates, and verifying that access rights align with SoD policies and regulatory requirements. I need confirmation that access rights were properly managed and aligned with company policies during the period of the pay change.
WorkDay - SoD Policy Enforcement: I would like a copy of the policy currently in force, and for the appropriate periods, including SoD rules and guidelines (e.g., no overlap between payment processing and approval), monitoring for policy violations, taking corrective actions, and generating compliance reports. I need assurance that all relevant policies were enforced and adhered to during the period in question.
Your immediate attention to this matter is greatly appreciated. I am confident that a thorough investigation will clarify the reasons behind the pay changes and ensure that proper protocols and policies were followed. Please let me know if you require any additional information from my end to facilitate this investigation.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 2:58 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
...same one Keith:
I REQUEST A CLEAR CONFIRMATION THAT ALL PROTOCOLS HAVE BEEN FOLLOWED, INCLUDING TIMELY AND APPROPRIATE ENGAGEMENT IN THE INTERACTIVE PROCESS, AS WELL AS ADHERENCE TO ALL RELEVANT LEGAL AND CORPORATE STANDARDS. THIS IS CRUCIAL TO ENSURE TRANSPARENCY AND ACCOUNTABILITY IN THE HANDLING OF MY CASE.
Dear ServiceNow,
NON-INTERACTIVE PROCESS:
"We can discuss the details further when you return from your leave in September."...Azariah
...Azariah Email Subject: "RE: [EXTERNAL] Request for Employer-Provided Leave and the Americans with Disabilities Act and request for Reasonable Accommodations" Date: July 9, 2024
"Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process to evaluate and implement appropriate accommodations."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"If there are no additional accommodations listed on your return-to-work paperwork, we will be ready to finalize your initial accommodation request with you in person upon your return."
...Azariah Email Subject: "Follow Up" Date: July 31, 2024
"Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
...Azariah Email Subject: "RE: [EXTERNAL] Acknowledgement Payroll reduction and Reason" Date: July 23, 2024
"When you return, we will be more than happy to give you a refresher training."
...Azariah Email Subject: "RE: [EXTERNAL] Managing PTO in the face of illness and family health responsibilities" Date: July 3, 2024
Interactive Process and Short-Term Disability (STD):
Content: HRBP contact, delays the process with the excuse due to your claim for leave of absence/STD with MetLife. The Contact proposes to resume the discussion upon your return from the leave.
Concerns:
Delay in Accommodation Discussion: It's concerning that the accommodation discussions are being postponed repeatedly. The interactive process should ideally continue irrespective of the STD claim to ensure timely and appropriate accommodations.
Repeated Postponements: The letter mentions that discussions will resume upon your return. However, this approach seems to delay addressing your needs and might be perceived as avoidance of immediate accommodation needs.
Potential ADA Compliance Issues: Continuous delays could be seen as non-compliance with the ADA, which mandates a timely interactive process to assess and implement reasonable accommodations.
From: Thomas Douglas <gethomesdata@outlook.com> Sent: Monday, August 5, 2024 3:30 PM To: Wilson, Keith (CCI-Atlanta) <Keith.Wilson@cox.com> Subject: Re: [EXTERNAL] Subject: Urgent: ADA Interactive Process and EthicsPoint Response Needed
Keith,
Last thing for today, I promise:
38. In determining whether there has been an unnecessary delay in responding to a request for reasonable accommodation, relevant factors would include: (1) the reason(s) for the delay, (2) the length of the delay, (3) how much the individual with a disability and the employer each contributed to the delay, (4) what the employer was doing during the delay, and (5) whether the required accommodation was simple or complex to provide.
An employer should respond expeditiously to a request for reasonable accommodation. If the employer and the individual with a disability need to engage in an interactive process, this too should proceed as quickly as possible.(37) Similarly, the employer should act promptly to provide the reasonable accommodation. Unnecessary delays can result in a violation of the ADA.(38)
Saying that we can talk about it when you get back from: (a leave that has not even been approved, a leave that is an outlier on anyone's bell-curve for "Waiting Period") is not a demonstration of an interactive process.
By the way, there are aspects of the MetLife process that are supposed to be confidential. That is why her guesses as to why the application was closed and updated are completely incorrect.
You can't say, let's wait until you get back from leave to talk about your request to examine payroll. "Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have."
THEN LOOK AT THIS:
I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct.
"OPEN DOOR POLICY!: Please ask us to investigate, and we will do it for you to our favor while you are on unpaid leave!!
Hello Thomas,
As stated in my email on Friday July 19, 2024, our records reflect that you filed for a medical leave of absence on July 1, 2024; however, on July 11, 2024, you requested that MetLife close your case before it was approved or denied. As a result, you are currently in an unpaid status. In order to be in a paid status, you either need to be working or on an approved paid leave of absence. Please advise when you will be returning to work.....
Upon your return, I will be happy to walk through the additional concerns you have raised regarding the compensation plan or any other concerns that you have.