Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We saw last time that pl’s compensation package as a worker was not settled.]
When one does work for another without a decision on his wages, he is paid by the low scale of workers (Rama, Choshen Mishpat 332:4; Shach ad loc. 15). However, this is within the realm of the type of job/worker involved. The Pitchei Choshen (Sechirut 8:(11)) says that if the employer knows that this employee is paid within the higher levels of the field, he cannot pay him like the lower levels. This applies here where def had paid handsomely for pl’s services as a consultant.
There are complications in determining appropriate compensation here, including: pl was afforded flexibility that was important to him; part of the compensation was pl’s chance of profit sharing. Still, though, the draft contract, which we know was considered seriously, serves as the best indicator.
Regarding severance pay, the US does not require it by law, but it is common in the workforce. Here, financial security was a basic tenet of pl’s demands. On the other hand, it is unlikely that def would have agreed to a full year of severance for a few months of work, and pl would have likely agreed to that. Therefore, based on compromise that resembles din, we award pl two months’ severance pay.
Specific monetary decisions- For work before Apr. 1, $20,000; for work from Apr. 1- June 10 - $29,110 (prorated according to the contract); expenses - $18,500 – as claimed by pl and not effectively refuted; severance pay - $25,000. The subtotal is $92,610, and we subtract the $52,181 already paid for an outstanding amount of $40,429.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
651 - Financial Security for a Partner/Worker? – part II
652 - Financial Security for a Partner/Worker? – part III
653 - Disappointment with Arba Minim Sales Provisions – part I
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
Rabbis in Midrash
Lessons
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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
