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 email@example.com