THE POACHING CRISES
Unfortunately the last several years have seen a massive
influx of tuna bagels from Brooklyn to Lakewood. Together with Lakewood’s own
organic production they have combined to overwhelm the city to the point where
Lakewood has become Junglewood: a city
where there is no respect for חושן משפט.
Even though there are instances where poaching a worker is
permitted, there are many instances where it is not permitted and the poacher
is classified as a רשע. In the
scenario of cleaning ladies a factor such as דבר האבד has to be
considered, since many cleaning ladies also babysit and not having the worker
show up means the employer cannot go to work. In addition since the worker is a
non Jew they do not have the rights of פועל יוצא בחצי היום so the
employer has a קניןin the worker after they start working.
There are many more factors to
consider and a blog is not the proper forum to discuss this issue. This scenario
has to be presented to a בית דין before someone approaches a worker who is employed. This is not
being done and many people are being victimized by these רשעים. If
someone has had a worker poached and they know who the poacher is they should
take the poacher to a דין תורה. If they are correct it is the responsibility of the בית דין to follow the סמ''ע סימן רל''ז
ס''ק א' וז''ל ומכריזין עליו בב''ה שעשה מעשה רשע .
Toshav Monsey
toshav@optimum.net
3 comments:
not only he can't get his kid into camp, he now lost his underpaid (non jewish) babysitter.
Yooooiiiii.
We all must abide by the same shulchan orach irregardless of our choice of headgear.
Don't be stupid and don't hide behind "choshen mishpat" to take advantage of your workers and your help. Pay them enough and keep them happy and you won't lose them.
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