Community Magazine October 2019

A couple of months ago, the Deal community was honored to host an exciting and informative Q&A session with a panel of dayanim , judges, from the Bet Din Maysharim of Lakewood. The panel was headed by the Av Bet Din, Rabbi Yissochor Dov Kahan, who also serves as Rabbi of Kahal Rayim Ahuvim, and is well known for his extensive shiurim on a wide range of topics in Choshen Mishpat. Joining him on the panel were Rabbi Ari Marburger, Rav of Kehilat Faraday and author of Business Halacha , Rabbi Levi Yitzchok Lieberman, Rosh Chabura of Chaburat Choshen Mishpat under the auspices of the Bet Din, and Rabbi Pinchas Gruber. The session was moderated by Rabbi Shmuel Choueka, Rabbi of Congregation Ohel Simha (Park Avenue Synagogue). Practical Business Questions Addressed Some of the questions explored employer/employee relationships, such as: May a company actively solicit an employee of a competing company to leave his current job and come to work for them? May someone who has switched jobs reach out to clients of his former employer? Rabbi Kahan addressed these questions by introducing the halachic concept of "Ma’arufia,” which, according to Teshuvot Seride Esh (3:66), is an Arabic word which connotes a steady client. Any time that there is a steady relationship between employer and employee, meaning that the employee is happily employed and has no intention of leaving, it is forbidden to encroach on that relationship. The same would apply to a client/vendor relationship. If a client deals exclusively with a vendor and is happy with his service, it would be forbidden to solicit that client. However, if the employee is already seeking other employment, e.g. he posts his resume online, then it would be permitted to solicit and hire him. In addition, if a client uses multiple vendors, it would be permitted to solicit that client. Rabbi Marburger added an additional qualification. He cited Teshuvot Kiryat Chana (25) that if an employee is superbly talented to the degree that is obvious to all that the position with his current employer is just a stepping stone towards advancement, it would be permitted to solicit and hire that employee. Overcharging/Underpaying and Business Confidentiality Othertopicsdiscussedwerethehalachotof ona’ah (overcharging/ underpaying) with regards to cars and real estate and the halachic status of attorney review. ORDER INTHE COURT! Q & A WITH DAYANIM FROM MAYSHARIM BET DIN OF LAKEWOOD AND RABBI SHMUEL CHOUEKA MAY A COMPANY ACTIVELY SOLICIT AN EMPLOYEE OF A COMPETING COMPANY TO LEAVE HIS CURRENT JOB AND COME TOWORK FOR THEM? MAY SOMEONEWHO HAS SWITCHED JOBS REACH OUT TO CLIENTS OF HIS FORMER EMPLOYER? 44 COMMUNITY MAGAZINE