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Ruling: Was pl a salaried worker?: Def explained the collaboration’s rationale as pl having extensive business knowledge and her having available funds. Considering that pl was concerned about financial stability and gave up a stable job, it is difficult to believe def’s claim that he was to receive no payment and had received only a loan. It is also noteworthy that their financial cooperation began with def paying pl’s employer for his consultation. Furthermore, pl had expressed a lack of confidence in def’s business acumen and as a junior partner, could not himself make any business decisions, including whether to progress with the business. One could possibly still argue that the combination of more flexible work conditions and the chance of significant profit lured him to a partnership even without any pay of security.
However, the contract drafts, which went back and forth between the two sides, are instructive even if they are not signed. In the absence of other documentation, they convey the basic idea behind the parties’ arrangements. Furthermore, on April 9, def emailed pl saying that she agreed to the terms of the contract "in principle," pending emendations by a lawyer.
The draft contract speaks of a $150,000 yearly salary and workers’ benefits for pl from the LLC and assigns def as guarantor of payment should the company fail. Regarding the status of guarantor, def redlined that she was willing to be a guarantor of payment only during the Primary Employment Period, which was three years. Def presented no evidence that the term "employment agreement" was meant only to convince a custody court.
Therefore, pl is to be paid as an employee of the company even though it closed without producing profits.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
649 - Receiving One’s Due in a Joint Building Project – part II
650 - Financial Security for a Partner/Worker?
651 - Financial Security for a Partner/Worker? – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
