Question:

Case: An employer demands that all new employees sign a 2 year contract which prohibits them from quitting or leaving prior to the end of the term

Question: The employer is located in NY which is an at will state meaning this contract is not legally binding in secular law. What is the halacha with this? Even though its not biding in secular would it be binding in halacha as a simtuta or since such a custom is illegal then it should not be binding?

Answer:

 

Setumpta for sure will not work since it isn’t the minhag-it can be done in a way according to the halacha but it has to be done very carefully otherwise it can be invalid. One way is to make it a condition in the salary agreement-that way they will forfeit their earnings if they violate the agreement. There is another way to do it called chachmei seforad. If you are the employer and want to do it ask an expert in Choshen Mishpot to set it up for you

Rabbi Yosef Fleischman

 

Tags: Contract

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