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Shabbat Parashat Bereishit 5781

Bereishit | 29 Tishrei 5781 | 10/17/2020




P'ninat Mishpat: Questionable Firing and its Financial Implications part III

The plaintiff (=pl) began working in 2009 for the defendant (=def), an informal education organization, as the director of its midrasha, which runs educational tours for students. Pl was very successful for close to two years in his main task, expanding the midrashas reach. Def was unwilling to pay pl a set salary due to uncertainty about resources, and so pl agreed to a salary of 50% of net profits from the midrashas operations plus a set rate for tours he led. In 2011, the midrasha began receiving funding from the Education Ministry. This affected pls salary in two ways: He could no longer lead tours due to lack of a degree; the cost of tour leaders with degrees was higher, which lowered the net profits that made up his salary. Tensions between the sides grew over pls demands to rework his salary and complaints about how the process of joining up with the Education Ministry was done. A few months later, def fired pl (there were several months left on their contract). Pl demands payment until the contracts completion, severance pay, and penalties for late payment (he received salary only after groups paid). Def respond that the firing was justified because pl began to disregard orders and was often unavailable (he began university studies). They point out that the contract states that pl waives severance pay and that, in any case, he was not a salaried work. They countersued for having overpaid, as they did not factor in certain expenses when determining the net profits.


Dedication

We daven for a complete and speedy refuah for:

 

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 5771

 

Rav Reuven Aberman z"l

Tishrei 9 5776

 

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

Mr. Moshe Wasserzug z"l

Tishrei 20 5781

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 5776

 

Mrs. Sara Wengrowsky

bat RMoshe Zev a”h.

Tamuz 10 5774

 

Rav Asher Wasserteil z"l

Kislev 9 5769

 

R'  Meir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 5780

 

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

Tamuz 19 5778

 

R' Abraham Klein z"l

Iyar 18 5779

&

Mrs. Gita Klein z"l

4  Av

 

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker


 

Nir Rephael ben Rachel Bracha
Rivka Reena bat Gruna Natna

Vicki Victoria bat Daisy

Yishai ben Tamar

 Meira bat Esther

Orit bat Sarah

Together with all cholei Yisrael

 

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

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