Subject: Official Submission: Employee-Required Documentation Attached, Employer and Third-Party Actions Pending
Dear Cox Employee Service Center (ESC), Ms. Melton, Mr. Wilson and Ms. Gaines,
I am submitting this letter as my official compliance with the requirements for my return-to-work (RTW) process. Despite meeting all deadlines and providing timely and complete documentation, I have been left without essential information from Cox Communications regarding my employment status, benefits, pay, reasonable accommodations, and the interactive process. This ongoing lack of communication has placed me in an untenable position, directly impacting my ability to manage my health, make informed decisions about benefits, and prepare for a smooth transition back to work.
Upcoming Appointments
I have two upcoming doctor’s appointments, one of which is urgent. These appointments are vital for my continued care and directly relate to the accommodations necessary for my return to work. The inability to coordinate accommodations in a timely manner continues to obstruct my ability to manage both my health and my employment.
NOTE1: I have 2 pending medical appointments:
NOTE2: cc: EEOC Charge Number: 12K-2025-00001
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Hospital-Scheduled Test – Time Slot Pending
Sentara Cardiology Specialists
ECH2003 - Echo Cardiogram Complete (Order ID: 1241434145)
CPT Code: 93306
Associated Diagnosis: Coronary artery disease involving native coronary artery of native heart without angina
pectoris (125.10)
Appointment: Tuesday, Nov 18, 2024 - 10:15AM
Susan E Masterson LCSW - Masterson Psychotherapy
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Critical Deadlines Unaddressed
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Benefits Enrollment Deadline (Today):
I requested clarification regarding my employment status and accommodations up until the final day for open enrollment for 2025 benefits. I have not been able to make informed decisions regarding my healthcare or other critical benefits due to the Employee Service Center (ESC): Cox's failure to provide essential information about my employment status, accommodations, and the handling of necessary reports from my providers. Missing this critical deadline will have long-term repercussions for my health and financial stability.
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Return-to-Work Coordination:
Cox has failed to provide any information about my job role, start date, work location, or accommodations. This lack of communication jeopardizes my compliance with workplace requirements and threatens my employment status.
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Pattern of Discrimination and Retaliation:
Your refusal to engage in the interactive process is both discriminatory and retaliatory, preventing me from accessing reasonable accommodations and participating fully in the workplace. This ongoing neglect has caused unnecessary stress, worsened my medical condition, and further delayed my RTW process.
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Mismanagement of MetLife Coordination:
Cox has not provided MetLife with the required documentation to align my accommodations with their disability claims process. This failure has hindered MetLife’s ability to process my benefits, leaving me without the support I need during this critical period.
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Six-Month Track Record of Non-Compliance:
Over the past six months, there has been no record of Cox engaging in good faith compliance with ADA or federal and state anti-discrimination laws. This lack of responsiveness has left me without a clear pathway to resolve these issues.
Proposal for Mediation
In light of these unresolved issues, I propose engaging a neutral mediator to facilitate an alternative dispute resolution (ADR) process. This would provide a constructive and efficient way to address these failures, ensuring compliance with policies, ADA guidelines, and best practices.
Cox Communications has utilized ADR processes in other cases, demonstrating a commitment to resolving disputes amicably. Utilizing a neutral mediator in this instance would align with those practices and foster an opportunity to address these concerns comprehensively and reach a mutually agreeable resolution.
Immediate Actions Required
To resolve these critical issues, I request the following actions by [specific date]:
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Employment and Accommodations:
Written confirmation of my employment status, work location, accommodations, and any other outstanding requirements for my RTW process.
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Benefits Enrollment Assistance:
Immediate assistance to ensure I can complete my 2025 benefits enrollment, including deadline extensions or other accommodations due to your delays.
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Coordination with MetLife:
Written confirmation that Cox has provided MetLife with all necessary documentation regarding my accommodations and employment status.
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Mediation Commitment:
Formal agreement to engage a neutral mediator to address these unresolved issues and ensure compliance with your obligations.
Conclusion
This letter serves as my official submission of compliance with all RTW requirements. The ongoing failure by Cox and MetLife to provide timely responses and fulfill their obligations has placed me in an exceptionally difficult position, impacting my health, financial stability, and ability to comply with workplace policies.
I urge you to address these matters immediately to avoid further harm and ensure compliance with ADA and related laws. Please provide a written response by [specific date] confirming your commitment to the actions outlined above. If no response is received, I will have no choice but to escalate this matter further.
Sincerely,
Thomas Coates
