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Ruling: Pl was a kablan, a worker paid for the job, regardless of time invested. If a kablan stops working in the midst of the job, he receives the smaller of: 1) the prorated amount for the work done; 2) the pay for the whole job minus replacement cost (Shulchan Aruch, Choshen Mishpat 333:3-4). Here, the latter would leave pl with much less than he claims. However, if the employer broke the agreement without due cause, he must pay the higher of the two amounts (Rama ad loc.).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
747 - Paying Damages for a Biting Dog
748 - Fee for a Fired Toein Rabbani – part I
749 - Fee for a Fired Toein Rabbani – part II
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1) Pl refused to appeal the ruling to modify the custody arrangement. Def’s response – I did not refuse, just told her she needed to give due cause for an appeal. I was fired when there was still time to appeal. Decision – Since appeal on such a small adjustment seems untenable, and the new lawyer did not appeal, we reject the claim. 2) Pl was passive in the second hearing. Response – The panel warned that the lawyers would be removed if they spoke instead of the litigants. Decision – Examination of the proceedings’ minutes showed pl spoke as much as the other lawyer. Nothing seems out of line. Claim rejected. 3) Pl did not hire an actuary to check the husband’s financial claims. Response – Having a client pay for an actuary is worthwhile only when serious problems arise, which had not happened as of the firing. Ruling – No proof of negligence. 4) Def was not awarded child support; Response – Child support was set to be determined later, and could be retroactive. In the meantime, def received full government child allocation. Ruling – People can disagree about pl’s achievement, but there is no sign of negligence.
In summary, we find insufficient grounds for the firing.
We continue next time to determine how much pay pl deserves.
Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
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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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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