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Case: The plaintiff (=pl) worked in a senior position in a store and wanted to switch jobs to work at the defendant’s (=def) store in the same field. After general agreement on salary (10,500 shekels a month) and other conditions (including use of a company car), def asked pl to start work on Jan, 1, 2016. In order to not anger his present employer, from whom he hoped to receive severance pay, pl agreed to stay on a little longer. Def pressured pl to give him a set day, and pl met with his employer and they decided on Feb. 1; this gave def only a few days warning. Def was going abroad but started a process of having pl meet workers and take a graphology test, and he started working on a contract, but the process stalled, and def decided not to hire pl. It took pl a few months to find another job, in a different field with similar pay but worse conditions. He is suing for lost income and future earning power (he reduced his claim to 33,000 shekels on technical grounds). Def claims that he rejected pl because pl made a bad impression on several workers by improper actions, which confirmed the graphologist’s warning. He never formally hired pl, as they did not sign a contract, and so pl was silly to quit his previous job. In any case, he could have fired pl with minimal notice.
Ruling: Last time we determined that def had to pay for offering employment in a manner that caused pl to give up his job. Now we discuss the amount of payment.
One rule of paying for terminating employment prematurely is that the amount is reduced to reflect the fact that the employee enjoyed vacation during the time he would have been working. Usually, the amount reduced can be quite high. However, in this case, pl did not have full benefit from the time off for the following reasons: 1. During most of the time, he was not aware how long he would be in that state and could not plan his time; 2. He had to spend time trying to get def to allow him to start working, looking for a new job (later), and arranging unemployment benefits. 3. He was without a car, which work was supposed to provide. Thus, from the 10,500 shekel salary, we are reducing only 500 shekels.
We have to reduce the amount that pl received from unemployment insurance (close to 11,000 shekels). Although receiving unemployment insurance can reduce future eligibility, this is an unknown and somewhat unexpected possibility; we will factor it into the following compromise.
Def had agreed to start working a week into February, even though he stopped working for the previous employer at the end of January. Yet, we will credit him for compensation from February 1 because it is apparent that he agreed to delay receiving payment only on the assurance that he would be working thereafter. Since he was not hired, the damage started when he stopped working for the previous employer.
We are crediting pl with 3,500 shekel per month for the value of the use of a car and free gas. Pl also deserves money set aside for pension. The possible damage to pl’s long-term employment prospects is too indirect and uncertain to receive compensation for it.
P'ninat Mishpat (829)
Various Rabbis
467 - Disputed Commitment to Sell
468 - Not Hiring Someone After Causing Him to Quit Job – part II
469 - Not Hiring Someone After Causing Him to Quit Job – part I
Load More
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 I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
