Q&A: Docking a Worker’s Pay
Docking a Worker’s Pay
Question
Hello Rabbi, I have a question that is no longer practical, but it interests me.
Our long-time cleaner left, and I hired a new helper for 4 hours (70 NIS per hour). In the end I came back and saw the situation, and it was awful. She managed about half of what the previous one did, and even what she did do was pretty bad. I’m not talking about nitpicking over minor details, but very, very large differences! In practice I paid her, and of course I won’t invite her again.
But in principle, in such a situation am I obligated to pay and then, as usual, entitled to sue in a religious court, or do I have the right to keep my money if in my opinion she deceived me (not a gray lie and not a white lie, but pitch black! In my opinion, of course), and she is welcome to sue?
Why did I pay her? Because all in all she’s pretty unfortunate, and at worst it can count as charity and atonement for sins. There was no contract here, only short messages on Facebook. Because in practice it really wasn’t clean at all, I hired another cleaner at the same price, who worked normally for 3 hours (and this time I was at home, though most of the time on another floor), and I paid her gladly. I’m obviously not looking to cheat anyone, and what is due is due; I have no desire to evade payment, to deceive, to be a scoundrel with the permission of the Torah, or to exploit differences in status and power! But being a sucker isn’t much fun either. Is it relevant that the problematic cleaner is Druze? (Our previous cleaner was also Druze, and she was very successful.)
Thank you very much
Answer
It has nothing to do with a contract. The work has already been done, and you are obligated to pay. If you can prove in a religious court that the work does not meet the minimal standard of domestic cleaners, you can sue her. It has nothing to do with the cleaner’s religion.
Beyond all that, in labor law there is civil law, and the law is binding halakhically as well. Therefore, if you check with a lawyer and the law exempts you from payment, then you are indeed exempt.
If it really is a pitch-black lie, as you put it, then you did not receive the value you were paying for, and you may keep the money and let her sue you. But you need to be convinced that she truly does not deserve the money, and likewise all of the above applies. It is doubtful that you can be certain of that.