web analytics
July 24, 2014 / 26 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



Babysitter Bonus


Business-Halacha-logo

For a number of years Mrs. Baum hadn’t worked but instead stayed home watching her young children. As their youngest child approached pre-school age, she decided to enter the work force again. Half a year before she planned to return to work, she began sending out resumes, networking and speaking with potential contacts.

However, the job market was not easy. Having been away from work for a few years did not make it easier. After a few months of effort and numerous interviews that went nowhere, Mrs. Baum was finally called back for a second interview with a promising prospect.

A week before the interview, she arranged with one of the local young women, Rachel, to babysit for the day. However, early that morning Rachel called. “I’m sorry for calling now,” she said, “but I will not be able to make it today.”

“What do you mean, you can’t make it?!” asked Mrs. Baum.

“A close friend who I haven’t seen for years told me last night that she will be popping into town today,” Rachel said. “We want to get together.”

“That’s not enough of a reason,” said Mrs. Baum with exasperation. “Do you realize I have a job interview today? I need someone to be here! You can’t do this to me today.”

“I’m sure you can find somebody else,” said Rachel.

Mrs. Baum made a few phone calls to some other people who had babysat for her before. However, no one was available to work.

Mrs. Baum called Rachel back. “I made a few phone calls, but can’t find anybody,” she said. “I really need you to come.”

“Sorry, but it’s just not worth it for me,” said Rachel.

“What if I offer you double pay?” asked Mrs. Baum. “Will you come then?”

“Give me a minute,” said Rachel. “I’ll call you right back.”

A minute later, Rachel called back. “For double pay I’ll come.”

“Well, then get over here as soon as possible,” said Mrs. Baum. “It’s already getting late.”

Ten minutes later, Rachel came over. Mrs. Baum rushed to her appointment.

At the end of the day, when Mrs. Baum returned, she took out money for the initially amount agreed.

“That’s not enough,” said Rachel. “We agreed on double pay.”

“What I gave you is what we really agreed on,” said Mrs. Baum. “You unfairly changed it when I had no choice in the matter.”

“You had a choice,” said Rachel. “You could have stayed home.”

“That wasn’t really a choice,” said Mrs. Baum. “For months I’ve been looking for a job and finally landed a promising interview!”

“But once you agreed to pay double, you agreed,” said Rachel. “I only came to work with that understanding. You’re cheating me!”

“If anything, you tried to cheat me,” replied Mrs. Baum. “I’m going to have my husband ask Rabbi Dayan about this.”

Mr. Baum called Rabbi Dayan and explained the situation. “Does my wife have to pay the amount initially agreed or what she was forced to offer later?”

“In this case,” answered Rabbi Dayan, “your wife does not have to pay the higher amount she agreed to under duress.”

“Why is this?” asked Mr. Baum.

“A regular employee paid by the hour or day has the legal right to cancel his employment in many situations,” answered Rabbi Dayan, “although this is often wrongful and the employer has rightful complaints against him.” (C.M. 333:3; Pischei Choshen, Sechirus 11:1)

“However, an employee cannot retract in a situation where he will cause the employer a significant loss, davar ha’aved, by leaving the job in the middle,” continued Rabbi Dayan. “In such a situation, the employee is able to take measures to ensure that the job is completed. He can either trick the employee into finishing the job by agreeing to additional salary or he can hire other, more costly, workers and deduct the difference from the salary still in his hands.” (C.M. 333:5-6)

“What if my wife already paid the babysitter double?” asked Mr. Baum. “Could she demand to return the extra?”

“Yes,” answered Rabbi Dayan. “Since the babysitter had no right to retract from the job under these circumstances and demand additional pay, any additional amount is theft on her part.” (Aruch Hashulchan 333:19)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Babysitter Bonus”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
The UNRWA school in Beit Hanoun, Gaza. In 2007. it was repeatedly used as a launch site for mortars. (Archive 2007)
Hamas and IDF Misfired Rockets and Shells Hit UNRWA School Killing 17
Latest Judaism Stories
Grunfeld-Raphael-NEW

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

Taste-of-Lomdus-logo

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

Lessons-Emunah-logo

It was found to be a giant deer tick living in her head – with its claws in her scalp.

Lessons-Emunah-logo

While daydreaming about finding the perfect job, I never expected to be rewarded in spades for my aforementioned experience.

We are all entrusted with the mission of protecting our fellow Jews

Today, we remain Hashem’s nachal.

Will Your brothers go to war, while you sit (in peace) here? (Bamidbar 32:6)

Perhaps, just perhaps, we can relate to this: whenever we feel distant from Hashem, that is the Churban.

Over the next 2 weeks covering portion Matot and Maasei, Rabbi Fohrman will bring order to confusion.

Our home is in the center of the Holy Land, surrounded by (what else?) green hills and valleys.

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

Question: I recently returned from a trip abroad and wanted to say HaGomel. When I mentioned this to the officers of my synagogue, however, they told me – as per the instructions of the synagogue’s rabbi – that I would have to wait until Shabbos to do so. I was not given any reason for this and did not wish to display my ignorance, so I quietly acquiesced. Can you please explain why I had to wait?

Name Withheld
(Via E-Mail)

We may not recognize the adverse affect of eating forbidden foods, but they leave an indelible imprint.

There are several rules that one must adhere to when making a neder.

Important message for Jews in the Diaspora: In times of need run to Israel rather than from Israel.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

Business-Halacha-logo

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

“You cannot restrain Ari from building a fence on his property,” answered Rabbi Dayan.

“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

“David is also entitled, since he is also learning,” Moshe replied. “He’ll be back in a few minutes. Anyway, I’m on a diet and didn’t take one for myself, so I don’t see any problem taking for him.”

Shlomo called Rabbi Dayan. “I lent someone money, and he now denies the loan,” he began. “If the opportunity presents itself, am I allowed to grab money from him?”

“I have no doubt you should pay the full value of the repair,” replied Zvi, “but I’m willing to ask Rabbi Dayan how much you owe.”

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/babysitter-bonus/2013/04/17/

Scan this QR code to visit this page online: