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Recent Tortious Interference questions

I am a teacher from the United States. I am currently in the

I am a teacher from the United States. I am currently in the United States. I signed a contract for teaching English with a university in China (represented by a recruiter) starting in August of this year. In the meantime, I was offered a much better job in the U.S. The Chinese contract states that breaking the contract results in a penalty of between 10,000 and 50,000RMB (or maybe more). I have several questions regarding this situation. First, is it legal for a contract to give such a broad range and even leave undefined ("maybe more") the penalty for breaking the contract. This seems suspicious. Second, would the school have any way to collect the penalty from me in a U.S court, is it likely? Third, what are the consequences, in terms of traveling or working in China in the future of breaking the contract and not paying the penalty. Fourth, what are the legal implications of being under a contract in the U.S .and one in China at the same time (because of a potential problem in the U.S., the school might decide to let me go after I sign the contract and so I might actually need to take the job in China--what would be potential problems with signing two contracts in two different countries whose periods overlap?)

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I want to report an egregious criminal to his employer but

I want to report an egregious criminal to his employer but I want to protect myself against any defamation charges so my good samaritan act doesn't blow up in my face. I could send an anonymous email, but doesn't everything online get traced these days? And doesn't an anonymous letter lose legitimacy? How do I go about reporting this dangerous individual without turning my own life into a living hell?

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Ely

Counselor at Law

Juris Doctor

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My questions are a continuation from the same subject

Hello, my questions are a continuation from the same subject matter discussed earlier today. I have to submit answers to the complaint today. I have completed my answers, I'm now down to defenses and counter claims. I realize that you cannot advise me of the merits of defenses but in summary I believe that I have the following arguments to support my position:I own a golfcourse and restaurant operation. The lender is a old family owned bank in another state. When the real estate markets collapsed, they took a different approach than most lenders and sent their credit person to each commercial borrower and made good efforts to work through the crisis. That was a good move and it gave me time to work through things. I developed a close relationship with the credit officer who emphasized communication, honesty, and openess. I had no problem with this. Over the course of 7 years, we would spend significant amounts of time discussing the state of our markets among other things. During this period, the credit officer verbally assured me that they would help me work through things and even went do far as saying if portions of the property needed to be sold or developed, they would work through it with me. The loan renewed every 3 months and he would often come down to meet with me and see how I was doing. Because of this relationship, I continued to make a lot of sacrifices to keep things together. I placed a high priority on this business and property and used up my personal resources and resources from other businesses. The renewal documents were always e mailed to me and I would print them, get them notarized, and send them back. The frequency and the identical nature of the renewal documents eventually resulted in the execution of the documents without a detailed review. Over a year ago, the lender inserted a legal description of a property that I own that was never part of the mortgage. They also inserted some language that referred to the property as consideration to renew the note. I was completely unaware of this until 8 months later. Meanwhile, they sent another bank rep. Into the community and they started meeting with individuals who they thought might be interested in purchasing the note or possibly partnering in closing the golfcourse and developing themselves or jointly with some residents in our community. I was completely unaware of this. They Also began meeting with state and local govt. agencies to determine the permitting requirements and development regulations. The family that owns the bank, are also real estate developers. My credibility in this community and in the local neighborhood was basically shot, which affected my ability to seek investors as a long term solution. In addition to taking a parcel of property away from me with prior discussion, I really that there was lender interference. I believe that the way that they inserted legal descriptions and rewrote descriptions into the mortgage is a problem too. It's also possible that they are not in possession of the original loan docs. can you suggest some defenses in my answer to their complaint and my counter complaint as well?

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Law Educator, Esq.

Attorney At Law

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I had a business years and was contracted to a company.

Hi, I had a business for 10 years and was contracted to a company. When my name appeared in the paper for an unrelated criminal matter, my subcontractor took it to my company I was contracted to and ended up with my entire business, including all my sub contractors leaving me with nothing and no explanations. Is this legal?

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Phillips Esq.

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Juris Doctor

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I rented to a woman my 4bed 2 bath house who sets up a home

I rented to a woman my 4bed 2 bath house who sets up a home environment for people with mental disabilities. The neighbor called us screaming,you need to get rid of those people. I asked her to call me back, when she calmed down and could tell me what the problem was. Instead she called licensing, stating they were living in filth,she has called the police three times now reporting a disturbance, people were asleep,now she has called code enforcement,stating there are 18 people living there and they sent a request to enter the residence. I called them and I was told that in San Diego ca a city ordinance was passed, that no more then 5 adults could live in a residence, regardless of its size. I don't want to allow them in, the neighbor is determined to use gov officials to discriminate against these people

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Ely

Counselor at Law

Juris Doctor

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A colleague of mine received a package at her work place addressed

A colleague of mine received a package at her work place addressed to the Manager. She opened it and discovered the package was meant for me. I received pornography picture both in print and on a CD claiming it was my fiancé's. Is sending pornography via mail to someone's place of employment punishable by law. The package originated in Fargo ND and found opened in Charleston SC. The information was not only slanderous and a defamation of character but now this information was released in my place of employment. What can I do?JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I need to know if this consider mail fraud and if I have a case.JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?Customer: The person addressed the envelope to the manager and it was sent to the wrong location. I am humiliated that this information came to my work place and is not true.....and containing pron.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Ely

Counselor at Law

Juris Doctor

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I took a position as an Account Manager at a small marketing

I took a position as an Account Manager at a small marketing agency (20 people) last August. My wife, who works for Citizens Bank, became a Commercial Banker in November of last year, and this position had my agency in her portfolio. I immediately told my owner and CEO and she was thrilled to hear it. The owner's put the agency's bookkeeper/HR Director as her direct contact to the company. After having one initial meeting with the owners in December, it became increasingly harder for my wife to engage with the bookkeeper/HR Director. She is considered a small business specialist, and part of her job is to make sure her clients continue to grow and make sound financial decisions. She realized that her messages weren't always making there way to owners. In Mid-March the agency received fees from Citizens bank due to paperwork that had been modified for their company name change. The bookkeeper/HR director reached out to my wife to see if she could have these fees waived. When my wife said that she could not waive those fees, the bookkeeper/HR director decided to email a retail branch manager in Hampton.Fast forward to Friday, April 1, and my wife received a call from her boss saying that the HR Director at my agency, requested a new commercial banker due to a conflict of interest. Once she told me, I asked my direct boss if that were the case and why they hadn't brought that up previously. My direct boss asked the HR Director if that happened and she replied that she had not done that.On Monday, April 4, I met with both of the owners of my agency (they are married) and asked them if they felt there was a conflict of interest. They responded that they had never thought that and were surprised by my asking. When I mentioned that it was the HR Director that made the request, they could not understand why that would happen. They chalked it up to a misunderstanding and made it clear they had no problem at all with my wife being their Commercial Banker, in fact, they preferred it.On Tuesday, April 5, my wife went to the branch that was supposedly contacted and confirmed with the branch manager that the HR Director not only emailed, but talked to her on the phone about a change due to a conflict of interest on March 22. This was a day after my wife denied waiving the fees.My wife went to my agency that afternoon and discussed with the owner and CEO the issue from her end, and gave her a copy of the email which was written by the bookkeeper/HR director. With her husband out of town for the rest of the week, she apologized and promised to have it resolved next week. She has written a couple of emails to us expressing how much she wants to get this worked out and move forward with the relationship. This afternoon she reached out again and apologized and said that she wanted my wife as their banker and if there was confusion, they apologize. They will not address whether or not the bookkeeper/HR director acted on her own.Over this week I have felt increasingly more uncomfortable working in a place where something like this isn't being addressed head on. I fear that the owners are trying to brush this over and get everyone to move on and consider it a misunderstanding. At this point, I am either working with a dishonest bookkeeper/HR Director or owners. If the bookkeeper/HR Director tried to make this move on her own, and denies it due to he fact she doesn't realize we've obtained that email, I can't feel comfortable working at a place where that person oversees all my personal information, performance reviews, and many other important things.There is nothing in our company handbook regarding spouses working together or as clients. Our company currently uses the free lance video services of an account manager's boyfriend on a regular basis.Are there possible legal ramifications for the company/owners if they protect this bookkeeper/HR director and it forces me to work within an uncomfortable environment? The same person that tried to get rid of my wife as the banker for without instruction of the owner will be reviewing my performance which will impact my pay. She has access to all of my family's financial information as well. Please advise as to what the possible next steps there would be from a legal standpoint, if any. Thank you.

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Marsha411JD

Doctoral Degree

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Over the last 10 months, one of our neighbors has threatened

Over the last 10 months, one of our neighbors has threatened to poison his front lawn to intentionally hurt any animal that urinates on his grass. Initially, we did not think urinating on anyone's lawn was a big deal (we ALWAYS pick up our dog's poop). The first time he threatened to do this, we made sure to never allow our dog to urinate on his lawn again. However, there are other dogs in the neighborhood that are evidently urinating on his grass. He told my 75 year old Father again today, that he's going to install cameras and if he catches our dog (or any other dog/animal urinating on his lawn), that he will take serious steps in order to ensure any animal that touches his grass is physically harmed. My Father had a stroke early last year and my Mother died of cancer last August. This neighbor is causing us emotional and mental distress - especially my Dad. I am not sure what to do. Should I send him a Cease and Desist letter? Please advise.

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legalgems

Juris Doctorate

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I am a practicing Doctor of Podiatry in Pennsylvania. I currently

I am a practicing Doctor of Podiatry in Pennsylvania. I currently am looking to add another doctor of Podiatry to my practice. He was at a practice that is in same town. His current contract states that he can not practice in the area. He is currently in legal negotiations to get released from that provision.What do I need to due to protect my practice from possible litigation from the other practice?Are there any clauses in my contract with this doctor I should add to his contract?Look forward to your correspondence.

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Chris T., JD

Lawyer

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