web analytics
September 17, 2014 / 22 Elul, 5774
At a Glance
Judaism
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



Reluctant Reference!


Business-Halacha-logo

Mr. Lazer ran a successful restaurant. He employed close to twenty people: a chef, cooks and a baker; waiters and waitresses; supply and maintenance personnel; and two cashiers. At the end-of-year accounting, something seemed amiss. There was a small but noticeable discrepancy in the cash receipts of his enterprise. In the following semi-annual account, a similar discrepancy was noted.

“What explanation can there be?” Mr. Lazer asked his accountant.

“Could it be that one of your workers is ‘taking home’ a little bit?” suggested the accountant. “You might want to keep a tighter tab on the money.”

Mr. Lazer implemented certain security measures and began watching his workers more carefully. Sure enough, at the end of the year the discrepancy was significantly reduced. Mr. Lazer continued watching his workers and began to suspect a particular one, Mr. Shuker, though he had no solid basis yet with which to confront him.

As the year wore on, Mr. Lazer noticed additional suspicious behavior on the part of Mr. Shuker, which strengthened his hunch. He began tracking Mr. Shuker carefully, and, one day, finally caught Mr. Shuker red-handed pocketing some money.

The following day, Mr. Lazer called him into the office and informed Mr. Shuker that he was releasing him, on account of his dishonest behavior.

Mr. Shuker protested slightly. “It was just this one time, and only a small amount,” he argued.

“Money has been missing for two years now, and I suspect that it’s linked to you,” Mr. Lazer told him bluntly. “Be thankful that I’m just releasing you and not pressing charges against you for the past also.”

Mr. Shuker remained silent. He packed up and left.

Shortly afterward, Mr. Lazer was talking with a neighbor, who ran a catering business on the other side of town. “I interviewed someone today for a position,” the neighbor said. “He mentioned that he had worked with you for a number of years, and recently left.”

“Who is that?” asked Mr. Lazer.

“Mr. Shuker,” said the neighbor. “He said that he wasn’t earning enough with you, and was looking for a higher paying position.”

“I see,” said Mr. Lazer, as thoughts raced through his head. “What should I say?” he wondered. “Should I protect Mr. Shuker? My neighbor? Play dumb? Spill the beans? I need to buy some time!”

“I’d like to talk with you, but need to run now,” Mr. Lazer said to his neighbor. “We’ll pick up the conversation tomorrow.”

“OK, be well,” said his neighbor.

Mr. Lazer pondered the situation. “Perhaps Rabbi Dayan can give me some guidance on this issue,” he said to himself. He called Rabbi Dayan and explained the uncomfortable circumstances.

“What are my responsibilities here?” asked Mr. Lazer. “What sort of reference should I provide?”

“The issue of references is a very delicate one,” replied Rabbi Dayan. “On one side stands the prohibition of lashon hara, negative talk that can harm the prospective employee. On the other side stands the requirement to protect the prospective employer from harm or loss.”

“Is there really such a requirement?” asked Mr. Lazer.

“Yes, based on the mitzvah of hashavas aveidah,” answered Rabbi Dayan. “Just as there is a mitzvah to return lost items to a fellow Jew, there is a mitzvah to protect him from potentially harmful situations. There is also a prohibition, lo ta’amod al dam reiecha – ‘Do not stand aside when your fellow’s blood is shed’ – if you see him facing danger. [C.M. 426:1; SM"A 426:1] The Chofetz Chaim explains at length that this also includes a requirement to protect him from financial loss or a potentially harmful partnership.” (Be’er Mayim Chaim, Rechilus 9:1)

“How do we balance this requirement with the prohibition of lashon hara?” asked Mr. Lazer.

“The Chofetz Chaim [Hil. Rechilus 9:1-2] stipulates five conditions,” answered Rabbi Dayan.

“First, you must not assume in haste that the potential worker or partnership is bad, but must consider carefully that it is, in fact, bad.

“Second, you must not inflate the situation more than it actually is. For example, you cannot say he has been stealing for two years, but rather that you caught him stealing once but suspect he might have been doing so for a while.

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 “Reluctant Reference!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
ISIS's response to President Obama's warnings came in the form of a movie trailer.
ISIS Sends Obama Fiery Video Response [video]
Latest Judaism Stories
15th century Book of the Torah

This week’s parsha offers a new covenant; a covenant that speaks to national life unlike any other

Leff-091214

All Jews are inherently righteous and that is why we all have a portion in the World to Come.

Grunfeld-Raphael-logo

If mourning is incompatible with Yom Tov, why is it not incompatible with Shabbat?

Taste-of-Lomdus-logo

Since it is a Rabbinic prohibition we may follow the more lenient opinion.

How can the Torah expect me today, thousands of years after the mitzvahs were given, to view each mitzvah as if I’m fulfilling it for the first time?

Torah isn’t a theological treatise or a metaphysical system but a series of stories linked over time

In contrast to her Eicha-like lamentations of the previous hour or more, however, my youngest was now grinning from ear-to-ear.

An Astonishing Miracle
‘Why Bring the Infants to Hakhel?’
(Chagigah 3a)

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

e are in a time of serious crisis and must go beyond our present levels of chesed.

According to Ibn Ezra, the Torah was stressing through this covenant that hypocrisy was forbidden.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

Simcha is total; sahs is God’s joy in protecting us even when we are most vulnerable.

Not only do we accept You as our King, it is our greatest desire that the name of Your Kingdom be spread throughout the entire universe.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

Business-Halacha-logo

“The Torah states in Parshat Ki-Teitzei: ‘If you build a new house, you shall make a fence for your roof. I think it’s your responsibility.”

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/reluctant-reference/2013/03/13/

Scan this QR code to visit this page online: