Careful with sexist behavior, almost got kicked out of CDL class

Objection, your honor. Assuming facts not in evidence, hearsay, and lack of probative value.

All we have is the ops statement. We do not know what the process was or who made the corroboration.

I think both the cdl school and the op took the easy way out and neither followed the best course or action, but again I'm basing that off of just what the op presented. To think that the op has any kind of lawsuit or court remedy available based on the information presented shows a fundamental lack of legal knowledge.

 

In a later post by the op he admitted that the females accusation was backed up by a third party. In his own words

“ I went went back into the office afterward and asked if anyone had corroborated her accusation. And they said someone had, or they wouldn't have confronted me the way they did. So maybe it's possible that I'm the delusional one with selective memory here? Or maybe it was the guy in a more advanced class who's been trying to pick up on her who got his digs in by backing her up (even though she's married)? I just don't know.”

 

"Well, now... ladies and gentlemen of the j-j-j-j-JURY!"

 

I for one would never throw away my rights in a situation like this.
But would have made the snowflake sit on the stand, and answer to my lawyer. I'll bet she would have been reluctant to at best.
A very good friend of mine was accused of sexual assault years ago. Those of us who knew him, already knew he was innocent.
That was a short trial. I was there as a character witness, but didn't even have to take the stand. Once the lawyer began her cross examination, the liar melted down, broke into tears, and admitted she made the whole story up. She was charged, arrested, and my friend found not guilty. Start to finish the trial last 30 minutes. Snow flakes melt quickly when a bit of heat is applied.
Never admit to criminal doing, make the accuser prove it in a court of law. I have relatives and friends who are judges.
In PG where I live just 14% of so called criminals get found guilty in court, and in Kelowna BC, it is even less at just 13%.
Once found not guilty, it is also a guarantee that the defendant will successfully sue for criminal costs. My friend did just that, and it was settled out of court, the liar agreed to pay his full legal bill. Had she not settled out of court, 99.999999% chance he would have been awarded all costs by the judge.
The liar got jail time, 6 years probation, and had to pay a victim service fine to my friend as well as his court costs. She has a criminal record now, and basically guaranteed that she will never get a good job.
She works at Costco, the worst store in the city according to the employees there.

 

Nice try;
So many people these days are confusing what they themselves think things ‘outta’ be with the way things really are.
That this erroneous way of thought has always been an anthropologic fallacy is nothing new; however, since the beginning of the ‘Foxinine News’ period, about 1987 ish, and seemingly led by the now extinct Rush Limbaugh, the norm now seems to be that actual facts have become replaced by pure emotions.... and pure balony; all of which has really been effective with middle aged, white males. That’s a demographic fact, BTW. Just ask Fox news.

Which now leads us to this conversation.
Based on what the OP has told us, he absolutely has every right to a court remedy regarding this situation. The fact that he was falsely accused by a person that by their own admission had been diagnosed with at least one mental disorder and was being treated with prescribed drugs for that specific mental disorder, and that there were absolutely no witnesses presented, and then the OP was coerced into signing a type of disciplinary ‘confession’ is easy grounds for a civil ( and possibly even a criminal ) lawsuit.

A Civil case would be filed as a Defamation of Character and would come in one or both of two forms; Slander and/or Libel. Both would be based on the fact that they are false statements that harm a person’s reputation.. and both are considered by a court to be particularly serious offenses.

That such actions are taken to the courts are increasingly becoming more rare; not because of the lack of a case but because of both a lack of funds to hire an attorney as well as an increased ignorance as to a person’s right to pursue the case in the first place. This is quite common amongst the working class folks, hence the illusion that there is no court remedy available.

All the above notwithstanding, I’m assuming that you’re in the know here and that you either practice law as an attorney, or that you teach law in an accredited university. There’s no way that someone with your legal knowledge could ever be just a simple driver instructor making sub-standard wages and whose only real understanding of the law has been obtained by mere yard ‘hearsay’.

 

Last thing first - I make more than several of my attorney friends, with a lot less effort and aggravation. I have little more than a passing familiarity with the law, but I recognize that in order tho prove defamation the op would have to proves the accusation was false AND show lasting harm. The first would be challenging and the second impossible.

The accusers mental health would not be admissible as it has no probation value. The OP would have to show that her mental health history was integral to her making the claim. The OP would have to show that the accusation was false and the both the accuser and whomever corroborated the misconduct were lying. That's a tough row to hoe.

As to showing lasting harm - what real damage did the op suffer? Was his drive time cut realtive to other drivers? Is socializing outside of class time an integral part of cdl school? As a corollary- if the OP was fasley accused why did the entire rest of the class ostracize him? Did the cdl school report the misconduct to potential employers? He suffered no real harm.

The OP needs to.learn to watch what he says and how he says it and move on.

 

Last thing first - I make more than several of my attorney friends, with a lot less effort and aggravation. I have little more than a passing familiarity with the law, but I recognize that in order tho prove defamation the op would have to proves the accusation was false AND show lasting harm. The first would be challenging and the second impossible.

The accusers mental health would not be admissible as it has no probation value. The OP would have to show that her mental health history was integral to her making the claim. The OP would have to show that the accusation was false and the both the accuser and whomever corroborated the misconduct were lying. That's a tough row to hoe.

As to showing lasting harm - what real damage did the op suffer? Was his drive time cut realtive to other drivers? Is socializing outside of class time an integral part of cdl school? As a corollary- if the OP was fasley accused why did the entire rest of the class ostracize him? Did the cdl school report the misconduct to potential employers? He suffered no real harm.

The OP needs to.learn to watch what he says and how he says it and move on.

 

@Baron Von Jellybean There is a difference in Slander and Libel while both are a term of art in the legal profession. Thay are in fact two completely separate issues and as someone who wax eloquently on about this should have known the deference before posting.

 

@Baron Von Jellybean There is a difference in Slander and Libel while both are a term of art in the legal profession. Thay are in fact two completely separate issues and as someone who wax eloquently on about this should have known the deference before posting.

 

Idiocracy Trial Scene - Bing video