YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: Members of our beit din are usually careful not to give advice to one side or give the impression we agree with his claims without hearing the other side. However, I believe you sincerely want to know if it is appropriate to make a claim and are not asking to gain an advantage. Therefore, I will give you some perspective to help you decide how to resolve your issues with the Cohens.
One who commits to hire a worker is bound financially not to cancel (or cut back, which is equivalent) the work order, only if there was an act that finalized (kinyan) the hiring. Beginning of work, starting with traveling to the job, is a special kinyan-equivalent for workers (Bava Metzia 76b). However, if the "employer" wants to back out between the commitment and the beginning of the work, the "worker" has no monetary claim, but only a moral complaint (taromet) (see ibid. 75b; Shulchan Aruch, Choshen Mishpat 333:1).
Rishonim ask that the employer should be obligated because he caused the worker the damage of a lost employment opportunity. Two distinctions are made between cases where the worker has claims and when he does not. 1) Can the worker find work after being informed? (Tosafot, Bava Metzia 76b); 2) Would he have found a different job originally if the employer did not hire him? (see Maggid Mishneh, Sechirut 9:4). The Shulchan Aruch (ibid. 2) rules that only when both factors are in the worker’s favor is he entitled to compensation for the loss. You imply that you did not have enough warning to find an alternative job (we do not know if the Cohen’s agree). You imply that you did not turn down work offers because of the Cohens, but that your chances to find other jobs would have been much greater if you had known you needed work and "put out the word."
There is little discussion about cases where the extent to which the work order was responsible for not receiving other work is unclear. One also should consider that many say that the reneging employer is not legally culpable because he is not damaging but indirectly preventing profit (see K’tzot Hachoshen 333:2). Some say obligation before kinyanis only a Rabbinic obligation to help workers or an assumption of tacit agreement (see Netivot Hamishpat 333:3). Putting everything together, unless you demonstrate convincingly that the Cohens’ actions "robbed you" of otherwise expected employment, it is hard to extract money inbeit din.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
201 - Waiting Between the Beracha and the Kri’at Hatorah
202 - Partial Reneging on Hiring
203 - Why Not Use an Eiruv?
Load More
The idea of paying two thirds is due to the fact that people would take a cut in salary to receive vacation (Bava Metzia 76b). If the alternative job you would likely have found is for less pay than the Cohens’ job, you would again have to reduce your claim.
It sounds (albeit without hearing the Cohens) that it would bementchlach for them to pay you an appropriate amount for harming your employment situation by their actions, but it is hard to say how much. It is not clear if and how much you could demand. Considering the many types of "prices" of litigation (including endangering your professional reputation), I urge you to consider the possibility that dropping the matter or raising your complaint pleasantly (perhaps presenting our discussion could help) serves you better.
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
