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Ruling:The gemara (Bava Batra 21a) brings a machloket whether a Torah educator can be removed from his job because a better teacher was found. The Rosh (ad loc. 2:8) and the Shulchan Aruch (Yoreh Deah 245:18) accept the opinion that he can be removed because this possibility pushes teachers to apply themselves maximally. Yet the Rosh rules elsewhere (Shut 104:4), regarding a teacher who was hired for a set amount of time, that he cannot be fired if he did not do anything wrong.
Ohel Yosef (Sechirut 4) distinguishes between someone who was hired for a set time, who cannot be fired during that time, and one who has an open-ended appointment, who can be removed. This distinction is difficult, considering that the reason one can replace a teacher is for the welfare of the students. The following answer of Rav Tena (Piskei Din Rabbaniim, VIII, p. 136) is more likely correct. The discussion in Bava Batra discusses whether the teacher’s position can be taken away but not the monetary outcome. While we rule that he can have his position removed, the Rosh says that he has to be paid until the end of the employment period. Rav Tena said that a school administration can fire a teacher if they are nevertheless able and willing to pay him. Thus, in this case, since def says they want pl out even if they have to pay, they have that right.
In contrast, if the firing is justified because the teacher did an improper job, they should not have to pay either. The gemara (Bava Batra 21b) says that if a teacher is not doing a proper job, he can be fired without warning, like other professions whose incompetence causes irreparable damage. Rashi says that the damage is in the mistakes he teaches that are hard to unlearn. Tosafot says that it is the time lost from true Torah study. The Rambam (Sechirut 10:7) mentions both reasons. The Ramban (Bava Metzia 109a) raises another point of damage: overly harsh treatment of the students, which can cause hatred of Torah, as experience shows.
While there is likely disagreement whether a given teacher is doing a good job or is causing damage, the administration of each school has a right to make that evaluation. This is even so when the teacher is true to a certain educational approach that cannot be determined to be a wrong one.
The Rama (CM 310:8) says that even in cases where one does not have to warn before dismissal, there must be at least a chazaka (established pattern) of problematic behavior. However, in our case, pl admits that he uses a different approach and, when the matter has been raised, he has asserted he will not change his style. In fact, the very fact that a worker does not submit to the demands of his superior is grounds for dismissal, as acceptance of a certain hierarchy is an implicit condition of employment.
Therefore, def was justified in firing pl and does not have to pay.
P'ninat Mishpat (829)
Various Rabbis
273 - Full Rent for a Not Up-to-Par Apartment
274 - Firing a Teacher Over Pedagogical Disagreement
275 - Rent on Ruling Based on Unclaimed Claims
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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: Undoing a Problematic Partnership – part II
based on ruling 84061 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
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.
