THE JOURNEY FOR JUSTICE

We’ve covered the origins of our journey, and now let’s delve into the ongoing momentum of activities. If you’d like to join me for a moment, I’ll walk you through the steps I’ve taken in my personal pursuit of justice. Initially, securing legal representation proved challenging as finding an attorney willing to take my case was no easy task. Ultimately, EEOC’s internal investigation remained inconclusive due to time constraints, which resulted in the issuance of a right-to-sue letter.

However, possessing a right-to-sue letter doesn’t automatically translate into having a viable case. Many attorneys prefer a clear-cut finding from the EEOC, where charges against the company are evident. Some legal professionals, acknowledging my struggle with PTSD, have expressed discouragement, emphasizing the difficulty of proving racism in a Texas setting. Despite mistreatment, they caution against assuming it stems from racial bias without concrete evidence.

The issue of witnesses becomes complex, particularly in higher-paying positions where colleagues may be hesitant to support a claim, fearing repercussions on their own livelihoods. Struggling with this dilemma, I recognize the conflicting desire to be a hero while juggling responsibilities to others. There are times when selflessness clashes with personal convictions, forcing a difficult choice. Having experienced this predicament myself, I empathize with the internal struggle.

Attempting to effect change against a formidable corporate entity as an individual is undeniably challenging. The disparity in power dynamics makes it a challenging undertaking, often leading one to consider removing oneself from the situation to preserve personal well-being. In essence, standing up against a large company as a lone individual is an arduous journey.

We are currently at a pivotal point in my journey. Step one involved filing the necessary papers, thanks to the dedicated efforts of hardworking attorneys who ensured the submission on the last possible day. I want to express my gratitude to my attorneys at Daniel, Williams & Assoc., PLLC, for their diligence.

Navigating through this process, I underwent a challenging deposition where discussing an incident that triggered hospitalization and sought help for depression, due to my PTSD, proved emotionally taxing. Despite the difficulty, I persevered. Subsequently, we entered the negotiation phase, only to discover a disheartening limitation on Title VII compensation – a maximum cap of $300,000, regardless of the severity of the case.

During negotiations, my offer hovered between $8,000 and $12,000, a fraction of what I believe reflects the value of my years of dedicated work. Notably, both mediation and depositions costs are deducted from the settlement, compounded by attorney fees averaging around 40%. Additionally, all court-related expenses come out of the settlement, leaving little from any potential compensation after such deductions.

The complexities extend beyond legal proceedings. While grappling with the legalities, I sought disability due to my deteriorating mental state. Despite being granted 100% disability by the VA, my long-term disability claim with Prudential was denied. Shockingly, despite documented struggles with PTSD and even the risk of suicide, Prudential refused to acknowledge the severity of my case.

I’ve hired another attorney to challenge the denial, revealing a disturbing reality. Insurance companies often find it easy to deny claims, as even if they lose, their only obligation is the originally owed amount, and they are shielded from lawsuits. This troubling practice is protected by existing laws, and efforts are underway to maintain this legal shield.

I’ve requested all communication between my attorneys and Prudential, intending to share the exchanges to shed light on the challenges and emotions involved. It’s disheartening to realize that such experiences with insurance companies often go unchallenged, perpetuating a cycle of injustice.

My aspiration is to advocate for changes that protect soldiers facing PTSD-related challenges, ensuring they receive the support they deserve. Life’s curveballs affect us all differently, particularly for those who have experienced the traumas of war. Since my service in 1991, I haven’t had a dream, a luxury some consider lucky, but it doesn’t erase the daily struggles, guilt, and emotional turmoil that persist.

Despite dedicating 13 years to my job and being recognized for excellence, I faced a sudden termination based on final notice. The company’s attempt to justify this decision unraveled during litigation, exposing inconsistencies, and raising questions about fairness in the process.

I will continue to update you as I continue my journey to justice. In the interim, I will continue to solicit your constant prayer and support. 

In gratitude,

 Eric Kyles