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Ruling: [Last time we saw that pl cannot make def carry out the proposed agreement. This time we will discuss whether pl is allowed to compete with IHTC. Pl was familiar with the operation of IHTC from his work as an advisor for them before starting SCA.]
There are two possible grounds to forbid a former worker to compete with a former employer. One is based on an agreement between the sides to that effect. The Chatam Sofer (II:9) discusses someone who trained a shochet under the condition that the student would not work in the same region as his teacher. The Chatam Sofer says that competing would be in violation of the prohibition to withhold a worker’s pay. (We point out that the Chatam Sofer referred to a case where the teacher was the sole shochet in his area, so that competition would have had a strong, direct impact on his livelihood.) Rav Z.N. Goldberg (Techumin XVIII) points out that in the framework of a worker’s compensation, one can even obligate himself to not do something. [Ed. note- the dayanim apparently meant to extrapolate that similarly pl could obligate himself to not compete as part of his obligations in return for his salary.] However, in our case, there was no stipulation that pl not compete with IHTC.
However, there may also be an idea of not competing even without an agreement. Shevet Halevi (IV:220) says that workers who see secret practices or equipment which the employer used cannot copy them for use at a new employer or in his own work, and doing so is in the category of actual theft. This does not mean that one cannot compete with his former employers, just that he cannot use secret information obtained from them in competing.
This idea does not apply to using skills and information that the worker developed on the job at his former employers, as long as they are things that are generally available in the market, even if not everyone is privy to them. In our case, pl worked at IHTC years ago, and there are no indications that he possesses secret information from that time to get unfair advantage in competition with them now. In general, in Israel, the interpretation of the law is that only under extreme circumstances can even an explicit condition prevent one from the basic right to freedom of employment.
P'ninat Mishpat (829)
Various Rabbis
219 - Acceptance Committee
220 - Friendly Buy-Out? – part II
221 - A Flawed Rental Apartment
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
