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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Yer fired!?
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
Q. I have a good worker but it just doesn't pay me to keep him on. Do I have any obligations to keep him on beyond what it says in the contract?
A. The secular laws on discharging workers vary widely. Many countries, and US states, have "employment at will"; in this regime, an employee can be discharged for any reason or no reason. Conversely, in other countries, and under most collective bargaining agreements, employees can only be discharged for cause.
Discussions on the Jewish law approach often center on the following Talmudic passage:
Runia was a tree planter for [the sage] Ravina. He caused damage [through carelessness in planting], and [Ravina] discharged him. [Runia] came [for a lawsuit] before [the judge] Rava. He said, Look what [Ravina] did to me! [Rava] said to him, he acted properly. [Runia] said, But he didn't give me advance warning! He said, he did not have to warn. Rava acted in this instance in accordance with his doctrine, for Rava said: Teachers, planters, slaughterers, blood-letters and scribes of the city are all considered to be forewarned. The general principle is, any time there is [the potential for] irrevocable loss, [the workers] are considered forewarned. (1)
The passage as it stands raises more questions than it resolves. What exactly was Runia's claim? Why was it rejected? What is special about these professions?
A tree planter would normally be hired, and paid, by the season. At the end of the planting season the contribution of the new trees would be assessed and the planter paid accordingly. However, due to some carelessness on Runia's part, Rava felt that there was an irrevocable loss and he didn't want to risk any further problems. Therefore, he sought to fire Runia in the middle of the season. This has significant adverse consequences because Runia now has to start looking for a new position, and furthermore most hires are at the beginning of the season and in mid-season work is hard to find. That is why Runia sought a legal judgment.
We can see that on the one hand Rava upheld the basic legal principle Runia had resort to. In normal circumstances, a worker may not be fired within the contract period, unless he has shown carelessness and also been warned. If a person makes a mistake at work, the proper course of action is to explain his misdeed and give him a chance to improve. However, certain professions require a very high degree of reliability. Any mistake is likely to involve an irrevocable loss. It is understood that in order to enforce this level, employees can be fired for misconduct even in the middle of the contract period.
Conversely, when the contract period is over there does not seem to be any inherent limitation on discharging a worker for any reason. Based on this passage and others, many observers are of the opinion that Jewish law adopts an "at-will" approach unless the contract or custom stipulates otherwise.( An exception is the great recent authority Rabbi Moshe Feinstein, who ruled that workers in general have a right to continued employment unless there is cause or their position is discontinued. (2) )
Jewish law generally recognizes secular law and custom as binding in employment law, so if there is a law, agreement or custom in your area or industry regarding discharging workers it should be observed. But in the absence of any special restrictions, Judaism views workers and employers alike as free actors. Employers are ethically bound to keep their word, so during the contract period workers shouldn't be discharged unless there is a good reason, and unless they are suitable recompensed. But once the contract period is over, employer and employee are alike entitled to reconsider their steps and find a new situation or renegotiate the old one.
In most cases the "contract period" would be the notice period written in the contract. If the agreement stipulates two months notice, then only misconduct could justify letting someone go within that period.
The letter of the law is not necessarily the same as thoughtful and prudent conduct, however. While the contract may say that two months notice is enough, most employers and employees develop mutual expectations of continued employment and of a degree of loyalty. It is usually a good policy, whenever possible, to give feedback to any worker before firing him or her for occasional underperformance, and to give advance notice in accordance with reasonable expectations and not only in accordance with written contracts.
SOURCES: (1) Babylonian Talmud, Bava Metzia 109a-b. (2) Responsa Igros Moshe Choshen Misphat I:76, 81
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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