web analytics
February 28, 2015 / 9 Adar , 5775
At a Glance
Judaism
Sponsored Post


Cancelled Trip Assistant

Business-Halacha-logo

Eliyahu was enjoying a relaxing summer after an intensive year of learning. He spent time with his family, learned a few hours each day in the community beis medrash, and worked sporadically when the opportunity arose.

One Motzaei Shabbos, he received a call from Mr. Stone, the director of a day camp. “Are you available on Tuesday to accompany the camp on a trip?” Mr. Stone asked. “We need a couple of extra hands.”

“Yes, I’m available,” said Eliyahu. “I’m taking it easy this summer.”

“Great,” said Mr. Stone. “Please be at the camp by 8 a.m.; we’d like to head out by 8:30.”

Tuesday morning, Eliyahu got up early. He davened at the first minyan, ate quickly, changed his clothes, and biked over to the camp. He was surprised to find the camp in a calm state, with no buses in sight. He walked over to the director’s office.

“Good morning, Mr. Stone,” Eliyahu said. “I’m here for the camp trip.”

“Oh, I’m sorry,” Mr. Stone said apologetically. “They predicted rain later today, so we had to cancel the trip. I meant to notify you, but somehow it skipped my mind.”

“That’s unfortunate,” said Eliyahu. “I got up early and rushed to get here.”

“Please excuse me,” said Mr. Stone. “This has never happened before.”

“I was also looking forward to the day’s income,” added Eliyahu. “I’m not working much this summer.”

“I’m willing to compensate you for coming here early in the morning,” said Mr. Stone, “but don’t see the need to pay you for the day’s work; you weren’t planning to work otherwise.”

“Once we arranged it, I think you owe me for the day,” said Eliyahu, “whether I had other potential work or not.”

“Fair enough,” said Mr. Stone. “Let’s consult Rabbi Dayan.” He called Rabbi Dayan on speakerphone and explained the situation.

“Your case touches on a fundamental point in the law of employees,” said Rabbi Dayan.

“Really?” exclaimed Eliyahu. “I’d love to hear!”

“The Gemara [B.M. 76b] teaches that if a person arranged verbally with a worker, without a formal contract, and cancelled the job – the worker has only rightful complaints,” explained Rabbi Dayan. “However, if the worker went to the place of work, and was unable to work due to the negligence of the employer – the employer has to pay him partially – approximately half – for the day’s work, k’poel batel.” (C.M. 333:1; Taz 333:1)

“Why does it depend on whether the worker went to the place of work?” asked Mr. Stone

“Tosfos and the Rosh explain that the real issue is whether the employer caused the employee damage,” explained Rabbi Dayan. “Can the employee still find alternate work, or did he lose alternate job opportunities meanwhile?”

“When the employer cancelled the job before the worker set out, he usually can find other work,” continued Rabbi Dayan. “Nonetheless, he has a rightful complaint for the hassle. However, when the worker already went to work – by the time he realizes that he cannot work there, it’s usually too late to procure other employment.”

“What if the worker had no other job options anyway, such as here?” asked Mr. Stone. “In this case the employer caused no loss?”

“According to this approach, the employer would not have to pay – even if the worker already set out,” replied Rabbi Dayan.

“However,” he continued, “the Ramban and Rashba explain that even if the worker did not have another job option, once he set out to work the employer is financially responsible to him. Heading to the place of work is considered as having begun the job, which commits the employer to his financial liability. If the worker finds alternate work to replace the income, though, the owner is relieved of this responsibility.” (C.M. 333:2)

“Who do we rule like?” asked Eliyahu.

“The Shulchan Aruch rules according to the second opinion,” answered Rabbi Dayan. “Once the worker sets out to work, the employer is financially liable, even if he had no alternate job options.” (SM”A 333:6; Shach 333:7)

“It seems strange that heading to work is considered as beginning to work,” said Mr. Stone. “I travel an hour to work each day, but punch the clock only once I arrive!”

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 “Cancelled Trip Assistant”

Comments are closed.

Current Top Story
18,000 Iranian Centrifuges
Reducing Iran’s Number of Centrifuges Makes a Bomb More Likely
Latest Judaism Stories
Niehaus-022715

One should not give the money before Purim morning or after sunset.

Mendlowitz-022715-Basket

The mishloach manos of times gone by were sometimes simple and sometimes elaborate, but the main focus was on the preparation of the delicious food they contained.

Winiarz-022715-Kids

Does Hashem ever go away and not pay attention to us?

Torat-Hakehillah-logo-NEW

In other words, the Torah is an expression of the Way that we must follow in order to live a divine-like life and to bond in the highest way possible with God or Being Itself.

The Chasam Sofer answers that one of only prohibited from wearing a garment that contains shatnez if he does so while wearing the garment for pleasure purposes.

The avodah (service) of the kohen gadol is vital and highly sensitive; the world’s very existence depends on it.

Moreover, even if the perpetrator of the capital offense is never actually executed, such as when the fatal act was unintentional, Kam Lei applies and the judge cannot award damages.

Forever After?
‘Obligated for Challahh and Not Terumah’
(Kesubos 25a)

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)

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

This was a spontaneous act of rest after the miracle of vanquishing their respective foes. The following year they celebrated on the same days as a minhag.

The way we must to relate to our young adult children is to communicate with genuine loving-kindness

Jewish prayer is a convergence of 2 modes of biblical spirituality, exemplified by Moses and Aaron

In holy places it’s important to maintain a level of silence permitting people to dialogue with God

Eventually, after some trial and error, including an experience with a prima donna and one with a thief, I baruch Hashem ultimately found a fine, honest and reliable household helper.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

Business-Halacha-logo

“Halacha differentiates between giving a gift, forgoing a debt [mechila], and granting permission to take something,” answered Rabbi Dayan.

“I don’t accept this,” said Mr. Zummer. “I want you to finish! You’re not allowed to just stop in the middle!”

“That’s what you’re wondering?” laughed Mr. Rubin. “That ring is not mine at all. A relative gave me money to buy it for him.”

“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

“The issue is not just logistical,” replied Mr. Kahn. “I thought that halacha requires that the beginning of the adjudication and acceptance of testimony be during daytime.” (C.M. 5:2; 28:24)

A few days, Mrs. Feldman called back. “I would prefer a nice cake rather than the chocolate.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/cancelled-trip-assistant/2013/08/01/

Scan this QR code to visit this page online: