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Ruling: [We saw last time that pl was a salaried worker in addition to a partner.]
The idea of pl returning the money already given based on its being a loan is to be summarily rejected. There is no documentation or hint of these payments being a loan, except for one line in an email by pl to def, which is clear by context to be a sarcastic joke. Also, a sizable part of def’s payments were given soon after the firing, which would make no sense if that which was given has to be returned. The post-firing payment is also proof that def did not believe that pl had embezzled significant funds from her.
From the detailed logs that pl sent def before she fired him, which she never effectively questioned, it is clear that pl did significant work on behalf of their joint venture. Beit din cannot know if pl’s work fully lived up to expectations in quantity or quality, but no evidence was provided to make us believe that pl did not deserve full pay for the time of his employment, before and after Apr. 1.
The weakness in pl’s claims is that he did not bring evidence that def reached a point of gemirut da’at (a firm decision) of the extent of her financial commitments to him. Perhaps he made a mistake by not demanding that def sign a contract before he started work, as she might have agreed to do so, or it could have been that she would have balked at the prospect of commitment. These conjectures are only of moral significance, as legally the issue is that there was no commitment to specific terms other than that he would be paid for his work.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
661 - Financial Security for a Partner/Worker?
662 - Financial Security for a Partner/Worker? – part II
663 - Financial Security for a Partner/Worker? – part III
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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