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Shabbat Parashat Noach 5779

Noach | 4 Cheshvan 5779 | 13/10/2018




P'ninat Mishpat: Pay for the End of the Employment Period – Part I

The defendant (=def) is a company that advises those seeking home mortgages; def employed the plaintiff (=pl) for several months as spelled out in a written contract. Hourly pay was minimum rate but there were bonuses per case handled. Def provided its workers with extensive training about real estate, which, def reasons, justifies their clause restricting employees from working elsewhere in the field for three years subsequent to employment at def. Shortly after pl started working, def stopped paying salaries on time, with the claim of extreme illiquidity. They met with all the workers and tried to arrange an installment pay plan. This did not sit well with pl, who shortly thereafter sought alternative employment. Pl is suing for his last two months of salary (April-5795 and May-5457 shekels), for overtime and bonuses not received, and for withholding of pay up to the time of the beit din ruling (34,151 shekels). Def responds that they do not give overtime because they grant breaks during the workday very liberally. The bonuses not given relate to cases which pl did not see the matter through until receipt of mortgage. Def are countersuing for pl’s refusal to follow def’s instructions on helping the client, which they claim caused the loss of several clients. They also claim that pl gave a false report of hours for the last month. They also demand a return of the cost to def of the courses pl took, especially since pl is working elsewhere within the field (pl denies this).

Dedication

We daven for a complete and speedy refuah for:

Leah Rachel bat Chana

Meira bat Esther

Rivka Reena bat Gruna Natna

David Chaim ben Rassa

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

Rav Shlomo Merzel z”l
Iyar   10

Rav Reuven Aberman z"l

Tishrei 9 5776


Mr. Shmuel Shemesh  z"l
Sivan 17 5774

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 5776


Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10   5774


Rav Asher Wasserteil z"l

Kislev 9 5769

R'  Meir ben

Yechezkel Shraga Brachfeld z"l


R'  Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l


Rav Yisrael Rozen z"l
Cheshvan 13, 5778


Rav Benzion Grossman z"l
Tamuz 23 5777

 

Rav Moshe Zvi (Milton)

Polin z"l

Tammuz 19, 5778

 

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and
Louis and Lillian Klein, z”l

Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, zt”l, Pninat Mishpat (Jewish Monetary Law).

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