web analytics
December 18, 2014 / 26 Kislev, 5775
 
At a Glance
Judaism
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



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)

“What if it was possible to find another babysitter?” asked Mr. Baum.

“If it was possible to hire an alternate babysitter,” said Rabbi Dayan, “then she would have no right to trick her or hire at her expense. If she would agree to pay more in this case, she would have to pay the higher price that she agreed to.” (Rama 333:5)

Mr. Baum thanked Rabbi Dayan and explained to Rachel what he had ruled.

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
PM Binyamin Netanyahu lights Hanukkah candles in Jerusalem.
Netanyahu Warns Israel ‘Will Not Allow’ PA’s UN Resolution to Endanger Israelis
Latest Judaism Stories
Business-Halacha-logo

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

Rabbi Avi Weiss, head of theYeshivat Chovevei Torah. Rabbi Asher Lopatin will be replacing him as head of the school.

Though we Jews have deep obligations to all people our obligation to our fellow Jew is unique.

Lessons-in-Emunah-new

In a way that decision was the first in a series of miracles with which Hashem blessed us.

QuestionsandAnswers-logo

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

Exploring the connection between Pharaoh’s dreams and the story of Joseph being sold into slavery.

Our right to exist and our form of self-government were decided by the ruling parties.

It is clear that Tosafos maintains that only someone who lives in a house must light Chanukah candles.

If Chanukah was simply a commemoration of the miracle of the oil and Menorah, we would be hard pressed to see the connection between the reading from Parshas Nesiim and Chanukah.

“Can you hear what the dead are whispering? Leave Galut, escape to Eretz Israel-Lech lecha!”

The ‘homely’ ancient rock, discovered in 1993, adds evidence of King David’s existence.

Chanukah is the holiday of liberty, combining The Book (faith and dedication to God) and the sword

Yehuda knew if the moment isn’t right or men are unwilling to listen a skilled leader bides his time

This is a recurring theme in this week’s parsha, in which there are many mistakes made based on perception.

“A person should sell even the beams of his own house in order to buy shoes.”

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

Business-Halacha-logo

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

Mr. Weiss refused to listen and sued Mr. Cohen in civil court.

In the afternoon, he reached into his pocket to check for the money, but it was empty. “The $50 bill must have fallen out,” Alex exclaimed. “It’s got to be in one of the rooms I was just at.”

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

“That’s what I thought, so I returned the money to Aharon,” said Reuven. “But this morning, Shimon, who owes me $70, told me he left $70 for me under the table last week! Now I don’t know whether the $70 was connected to the note, and was Aharon’s for the purchase of sefarim, or was repayment to me from Shimon, unrelated to the note.”

On Tuesday, Mr. Ross picked up the bris kit. While driving home, he was stopped by armed thugs. They forced him out of the car and drove off with the bris kit inside.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

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

Scan this QR code to visit this page online: