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Case: The plaintiff (=pl) was a valued saleswoman for the defendant (=def), a storeowner, for over a year. During work two days before Rosh Hashana, she informed def that she would be unable to work the next day. Def said that she was not excused, and a heated dispute with threats by def ensued. Pl asked def if she would be fired for not coming in, and def said it would not be considered firing but her quitting. Pl did not come in and did not contact def in the days after Rosh Hashana. Pl is now suing for severance pay (just over 5,000 shekels – her monthly salary) and for various other employee rights she claims to deserve [to be discussed next time]. Pl claims that she could not come in the next day because of her child’s illness. She also claims that according to the contract, she is not required to work on Fridays and that Erev Rosh Hashana is equivalent to Fridays. According to def, she had admitted that she was not coming in because she wanted to cook for Rosh Hashana.
P'ninat Mishpat (829)
Various Rabbis
517 - Pay for the End of the Employment Period – Part II
518 - Quitting or Firing? – part I
519 - Quitting or Firing? – part II
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A worker cannot determine that an employer is firing him, and an employer cannot determine that a worker has quit. According to logic (which is reinforced by the rulings of Israeli labor law, which is important regarding a right that is linked to Israeli law and common practice), the situation is viewed as follows. Fundamentally, def threatened pl that if she did not comply with his decision, she would be fired. On the other hand, even if we do not determine whose version of the story is more accurate, the situation is tempered by pl’s problematic actions.
Pl’s demand for a vacation day under circumstances when it was difficult for def to find a replacement and her refusal to accept def’s decision was a breach of authority. These are grounds for firing, in which case the law allows the courts to reduce the severance pay. Furthermore, it behooved pl, if she wanted to continue her employment, to approach def after Rosh Hashana and see if she would be allowed to return. When she failed to do so, she demonstrated that there was an element of quitting to her behavior. Therefore, we rule that pl should be awarded two thirds of the severance pay that would normally would be due to her.
Next time we will continue with other elements of claims – plus a surprise in the ruling.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
