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Ruling: [Last time we concluded that def had to prove that he made the partnership conditional on future non-competition, which he did not succeed in doing.]
Def cannot demand money for training pl. Pl improved his photographical skills "on the job," which is normal for workers and does not obligate an employee to pay his employer, as def still gained from pl’s existing expertise.
Regarding def’s claim that pl’s competition effectively closed def’s business, the Shulchan Aruch (Choshen Mishpat 156:5) says that one cannot prevent another from opening a competing business. On the other hand, it is forbidden to take actions to attract set customers from an existing business (Chatam Sofer V, CM 79). Therefore, if def would continue his business, it would be forbidden (perhaps as a Torah-level prohibition) for pl to offer his services to people whom he met through his work for def (see Bemareh Habazak V, 120-121).
Pl left the business legitimately, as there were professional disagreements and there are no signs of trickery. There also was not an objective reason that forced def to close his business. Rather, the feeling that pl betrayed him caused def to react in a way that led to closure; def could have avoided it.
Had def continued with the business, some of the customers for whom he works should have been directed back to def. However, since def closed the business, he cannot claim damage from the fact that former clients now employ pl. However, beit din feels that pl should realize that his gain from his association with def continues. Therefore, beit din urged pl to withdraw his suit for back pay, which pl agreed to do.
P'ninat Mishpat (832)
Various Rabbis
203 - Transparency in Window Making
204 - The Picture of Competition – part I
205 - Expert Witnesses – part I
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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