by Ronen Simon, Attorney at Law at Szajnbrum’s Law Offices

As opposed to other matters of divorce such as the division of property, maintenance, child support,  etc. and in accordance with the current laws of Israel, the sole authority to grant a divorce verdict (“Get”) between Jews is the Rabbinical Courts according to the Jewish Laws (“Halacha”) as it has taken root over the centuries.

Before granting a divorce verdict, the Rabbinic Court will first and above all consider if there is a “kosher – Halachic” pretext justifying the decision.

As we have discussed in our previous article, there are many pretexts both sides can use in order to be granted a divorce. The Rabbinic Court has the authority to impose “Get” on both sides if necessary; and they do it more and more often.

This is the place to make it clear that not all lawsuits to a divorce (“Get”) end in an actual divorce. There are many cases in which one of the contenders in the case (either the wife or the husband) sues against the other without being able to prove his/her pretext resulting in a dismissal of the case without a “Get”.

This is true especially when the defendant (can be the wife or the husband) asks the Court for a procedure called “Peace in the House” or “Peace Among the Contenders” (“Shalom Bayit”). Only when the request is a sincere one, and not when asked for as a strategic move, will such a case be handled by the Rabbinic Court.

The Case:

Sarah and Rueben married each other according to Jewish Law. They lived happily together and had three children.

After nine years of marriage, Reuben’s business went into difficulties eventually causing tension between the couple until Reuben decided to leave the house and to live alone in his brother’s apartment.

A year had passed and nothing had changed, therefore Sarah turned to the Rabbinical Court asking for a divorce. In her claim she emphasized the fact that they were not living together anymore for over a year and therefore she was entitled to the divorce. Reuben on his side appealed to “Shalom Bayit” between the parties and explained that his wife’s request was a direct result of her own doing over the economic pressure the family was going through.

At the beginning of the hearing, the Chief Rabbi (“Av Beit Din”) asked Sarah why she would not agree to an attempt to reach a “Shalom Bait”. Sarah replied that she did not love Reuben any more – Sarah wanted the divorce.

Now the Rabbi asked Reuben the same question and Reuben replied that he still loved his wife and that in his opinion, after the economic difficulties passed, they could both rebuild their marriage.

The chief Rabbi told Sarah that in fact there was no “Halachic” reason (pretext) to order a “Halachic” Divorce (“Get”). At this moment, Sarah remembered she had heard that if a wife cheated on her husband (having intimate relations with another man) the Rabbinic Court had the duty to force a divorce upon the couple. Sarah then claimed that when Reuben left the House, she had sex with a tourist she met one weekend she went to rest in a hotel and therefore she claimed that the Court had the duty to order a divorce.

Reuben reacted immediately telling the Rabbi that Sarah was saying it just because she wanted the divorce and that in fact even after the separation they were still having sexual relations between them.

Sarah though she had a “winning card” so she asked both of them to be examined by polygraph.

Reuben, who had previously consulted with a lawyer, agreed immediately with the polygraph test. He knew that only proof presented according to “Halacha” can be accepted as a cause for a divorce. A divorce cannot be based only on a polygraph’s result, even when both sides have agreed. Only “kosher” evidence is admissible in court, such as: a video (acquired legitimately) proving above any doubts that there was actual intercourse between a married woman and someone who is not her husband or the testimony of two men who actually saw the betrayal or other acceptable proof in accordance with the laws of “Halacha”.

As we can see, not every request for a divorce ends in an actual divorce!

As we have already pointed out in our previous article, there are many reasons (pretexts) for a divorce. Each one of them has its own specific rules and for each one of them special evidence must be presented in Court.

The above indicates that it is advisable to consult with a lawyer before you present your case in Court; otherwise you may find yourself in a very bad situation. The construction of a legal strategy beforehand will have a tremendous impact on the success of your case and sometimes even save the family unity.

by Tzvi Szajnbrum, Attorney at Law

In order to be allowed to divorce (“Get“) in the Rabbinic Court one must have a “legal/”Halahic” reason or pretext. A wish to divorce is not enough – not for a woman and not for a man.

In this article we will deal not only with the list of the legal reasons, but will also go into detail about a few of them in this and the next article on the subject. The list below is not a final/closed list!

Wife’s Pretexts for a divorce:

• Infertility of the husband;
• The husband being unable to have intimate relations with the woman as a result of some kind of disability or illness;
• A husband who refuses to have intimate relations with his wife;
• Extreme negative behavior such as: Insults, Violence, Drug Addiction;

Please note we are not dealing with a one-time behavior but continuous behavior on the husband’s part.

Husband’s Pretexts for a divorce:

• The wife being unable to have intimate relations with the husband as a result of some kind of disability or illness;
• Infertility after 10 years of the marriage;
• The wife causes the husband (on purpose) to “sin” (“Chet“), e.g., she makes no Kosher food,
• Lack of modesty of the wife;
• Insults, Violence, Drug Addiction;
• Act of ugliness (“Maase Kiur“): ugly behaviors that would cause the Court to justify the suspicion that the wife had betrayed (“Zanta“) the husband,  although there are no witnesses or “hard evidence” that she did it. In such a case, where it is not possible to proove she did it, the husband is entitled to forgive her and continue to live with her;
• Betrayal (the woman had sexual relations with another man while married):  In this case the husband is not permitted to forgive her and he must divorce her (she will not permitted to be married to her husband or marry the man with whom she betrayed the husband);

We will now analyze one of the most common pretexts for a divorce in the Rabbinic Court – The “rebel” (“Mored/Moredet“).

The Rebellious Woman:

• A woman leaving the house of her husband, for reasons that cannot be accepted in the Rabbinical Court;
• A wife who refuses to have intimate relations with her husband will be considered rebellious;

“Kind” of Rebellious Woman:

For her own reasons, she is not ready to move from the place they are living together – she refuses to live in another particular place with her husband;

She refuses to keep living with her husband in the specific place they are now living;

(In both cases it is not relevant if she agrees to keep having intimate relations with him);

The only legal implication on a “kind of rebellious woman” may be her losing her right to receive “wife’s alimony” (“Mezonot Isha“) and in some case she may lose her right for her “Ketuba“.

The Rebellious Husband:

Even when he is capable, the husband refuses to have intimate relations with his wife because he is “mad” at her or because he wants for her to accept the “Get” or because he prefers another woman;

There are no legal (financial) implications regarding the husband, but if found “rebellious”, the woman will be entitled to a “Get” and if the husband refuses he will have to pay her alimony until he finally gives her the “Get“, and in addition she will have a weekly increase in the amount of her “Ketuba” until the husband agrees to give her a “Get“.

The “Mius” Claim/Pretext:

The Hebrew word stands for: My partner “gross me out” – can’t take him/her anymore. Meaning that the partner’s general behavior, or the partner’s physical state, is such that one cannot “get over” it and therefore one does not wish to have any intimate relations with that partner anymore.

This pretext can be used by both sides in the Rabbinic Court.

Betrayal:

Please note that betrayal is never a reason to harm one’s right for her/his share in the division of property. In our next article we will deal with the betrayal and its consequences.

Join Attorney Tzvi Szajnbrum of the volunteer lawyers group Voleh, for two free 90-minute sessions for Nefesh B’Nefesh Olim covering topics every employee needs to know about their rights and employer’s obligations.

Dates: Monday, February 27th & March 5th

Location:  S. Levy Law Offices, Jabotinsky 155, Suite 124, Ramat Gan

Time: 7 pm – 8:30 pm
(please be prompt as doors will close when the program begins)

• Free entrance to NBN olim
• Refreshments will be served
• Registration required – RSVP to szajnbrum@gmail.com
  Seating is limited, so please register early to avoid disappointment (but be kind to others and don’t register unless you are certain you will attend).  Registration closes on February 15^th or sooner if seating capacity is reached.

Session 1 (Feb. 27^th) Agenda

• You’ve received a job offer – what now?
• The art of salary negotiations
• Expectations from your employer
• What employees are entitled to by law (Part I)

Panel – question and answers

Session 2 (Mar. 5^th) Agenda

• What employees are entitled to by law (Part II)
• Your employer is experiencing troubled times; what you should & should not do
• Your employer has gone bankrupt – what now?
• Employee rights after being fired

Panel – question and answers

by Tzvi Szajnbrum, Attorney at Law

More and more often, new immigrants (new to the Israeli work force) are having a hard time understanding the system, but above all they are having a terrible experience with the Israeli Employer’s Mentality (IEM).

Unlike in many other countries, our legal system is extremely political. Our labor laws were dictated from the beginning of the Nation, by a very strong labor union (“Histadrut”) that is still the strongest entity regarding the work force in Israel. The “Histadrut” is a militant organization and has an enormous amount of power. That is why one should look for help from the nearest “Histadrut” office even before consulting a lawyer.

The service is free but do not expect miracles from them. Sometimes the only way to solve your problem is through a lawyer who can navigate the labor laws in our existing legal system.

In the “Histadrut” you can find extremely competent people with a lot of experience and deep understanding of the legal system, as well as with the practical side of the system. These people are not lawyers but they know what they are doing – trust them.

If you can avoid court rooms – do it (even if you have to compromise)! A court room is the last place you want to find yourself if you do not know the language and the IEM. You will be surprised to find out how “tricky and smart” employers can be.

Can you protect yourself better?

You can and you should – it is easy and does not involve costs but rather an ORGANIZED (even meticulous) state of mind. Remember that in the end it will be your word against your employer’s and the burden of proof will be on your shoulders as a plaintiff!

When you start a new job it is like starting a new life. Below you will find a brief, not exhaustive, list of what you should or should not do when starting a new job.

Grow step by step with patience - do not use shortcuts. Try to be patient because in Israel, time is not what you think it is! Time is just a “framework”.

For example: Your employer promises you a “raise within three months or at the end of an experimental period of three months” (this is the practice and happens very often when starting a new job with a new employer). At the end of this period you expect the employer to call you and talk about the raise right? Wrong! Most likely it will not happen and you are the one who will have to “refresh his memory” after a much longer period than three months because no one really meant it to be exactly three months!

Do not be surprised if your employer is very happy with you but won’t give you that raise! Do not be surprised to learn that your employer has no record of that conversation: “Raise? What raise?”

Do not be shocked to learn that he is not even aware of the breach of the “promise” because he meant “in general terms” – nothing else – this is part of the IEM.

This is the sad reality but do not despair: you can accomplish more if you are well organized and assertive.

Write down everything in a special diary – From the very beginning try to have every “promise” as part of your written contract. Do not rely on “promises”, only on written word. If your employer refuses to have it written down and you really want that job; act as follows:

Have every step of the negotiation on tape (the “nano technology” is out there to be used) and if you cannot do it (it is legal to have a conversation recorded if you are taking part in that conversation), then just write down everything in a special diary. Try to have a friend with you in the negotiation process because a witness is always good.

There is no need to ask for your legal rights as an employee – The law in Israel was created to defend you as an employee! You do not have to ask for vacation days, sick days, “Havra’a” or any other right by law – they are all given to you automatically and even if you and your employer agree on waiving these rights (in exchange for a better salary, for example), you will still be entitled to receive them because they are not negotiable. Reminding the employer of, or negotiating, rights that are already yours will certainly jeopardize the negotiations and anger your new employer.

Record every hour you have worked – There is no other way to prove the hours you have worked if there is no time machine in your workplace. In court a well-organized log book may be accepted as evidence. Write down not only the total hours you have worked on a certain day, but also when you came in and when you left. Keep track of the days you missed or were sick. Write down any extraordinary event and keep a copy of this diary at home.

Email account – If you exchange emails with your employer regarding your job (negotiations, disagreements, etc.) keep them in a separate file and make a backup file on your computer, in your private email (e.g., blind copy your personal home email address on the correspondence). In cases where you are only using the employer’s email account it could be shut down unexpectedly and then you will not have access to the emails or to the files.

Do not procrastinate – If there are unresolved issues do not let these issues wait for a resolution. If you are not being refunded for travel expenses you must have every detail in writing! Send emails or letters to the accounting department (not only phone calls). If you are to be paid for “Avra’a” or any other benefits – ask in advance when it will be paid and keep track of the payment.

A word of wisdom:

Not every workplace has an accounting department, head of Human Resources or a time clock device, but every workplace has at least one direct “boss”, one person who is responsible for you. This is your person! Not the guy on the top of the pyramid! You should have good relations with your direct boss and should deal with him/her regarding any issues that may arise. Never override his/her authority unless absolutely necessary!

A workplace is a kind of “human interaction laboratory” where you are part of a delicate and intricate experiment. Every day will bring you new challenges, new opportunities and also potential new labor disputes and disagreements with your co-workers and bosses.

Your main goal should be:

Float on the surface; rather than try to “educate” your co-workers or change the world’s order at your workplace.

The more you understand the “psychology” of your workplace, the better you will integrate into your workplace culture, causing a large improvement in the employer-employee relationship.

A final word of advice:

Before you make a decision “in the heat of the moment” to leave your workplace, think twice about your options, the State of Israel’s labor market and above all: think about the future – yours and your family’s financial needs. Take time out and do not make any reckless decisions.

by Tzvi Szajnbrum, Attorney at Law

What are your legal obligations regarding a check?

To answer this question I want to bring you a true story from the Israeli Courts.

Mr. Doe was a very serious and organized person, but also very “naive”. Mr. Doe used to trust people, especially his friends.

Sarah was a very good friend of Mr. Doe and in fact Mr. Doe had a liking for her. Both were in their late 50’s, divorced and with a lot in common, but not everything. Sarah had a gambling problem that Mr. Doe was not aware of.

Mr. Doe used his bank account mostly for cash withdrawal and credit card payments. He had a checkbook he rarely used. Mr. Doe kept his checkbook on his desk at home. Eventually he forgot about the checkbook.

Sarah had not come to Mr. Doe’s house for more than two months. No explanations were given and no questions were asked. Mr. Doe knew something was wrong but could not force Sarah to talk about it. They spoke over the phone a few times but no signs of problems were given by Sarah.

One day, out of the blue, Mr. Doe received a phone call from a company dealing with “financial services”. Mr. Doe did not understand the real meaning of that conversation but now he was worried.

From the phone call he learned that a check of his for 20,000 shekels had bounced. Mr. Doe had no record of ever giving anyone a check for that amount, and in fact he did not even have that kind of money in his account. The company holding his check wanted to be paid – and soon.

The next day, Mr. Doe went to his bank and there he learned that indeed one of his checks had bounced. He asked for a copy and learned that although the check was his, the signature on the check was not his – it was similar, but not his.

Mr. Doe was now curious about the incident. He went home and after searching unsuccessfully for his checkbook he finally realized that it was gone, stolen from him. He could not think of any suspect.

Mr. Doe made a copy of the check and went to the police station to complain about the forgery. A file was opened and the police promised to investigate. Now Mr. Doe was not so worried and why should he be? The signature was forged.

A few months after that phone call, the company holding Mr. Doe’s check sued Mr. Doe in the “Otsaa La Foal“. Mr. Doe had no other choice but to hire a lawyer to help him.

From his lawyer he learned that there was no automatic defense and a special request for defense had to be asked from the Judge. The request was granted and the defense was presented in court.

It took Mr. Doe more than a year to clean up the mess and it wasn’t a “free ride” but a very expensive lawsuit. As a defendant, Mr. Doe had to prove that the signature was not his and was forged. He paid not only his lawyer’s fees but also for the expert handwriting analysis regarding his signature. It cost him more than 10,000 shekels in expenses and it was very time consuming.

When the company learned that the signature was not his, they tried to prove that Mr. Doe was negligent by having his checkbooks unattended when he knew of Sarah’s gambling addiction. How did these people know that? When Mr. Doe went to the police they asked him who had been in the house, if his friends knew where the checks were kept, etc. Mr. Doe had replied that he had no suspects but he told them about Sarah who had disappeared in the meantime.

The police brought Sarah in and after a few hours she confessed all. She was a gambler and had lost a large amount of money. She had stolen the checkbook, and because she knew Mr. Doe’s signature well, she could easily forge it. For Mr. Doe it was a shock, but it was too late now. He was careless with his checks so now he was paying the price.

The judge dismissed the case and did not accept the plaintiff’s theory that Mr. Doe knew about Sarah’s problems and let her have a “free hand in the house” as they claimed. The judge did agree that the checkbook should be kept in a better place but it did not mean Mr. Doe should be held responsible in this case.

A word of wisdom:

Be wise! A checkbook is an important document. It can be translated into real money if someone can forge your signature and there are many good “professionals” out there – don’t make their life easier.

You do not have any obligation to keep your checkbook in a safe or in a secure drawer, but as you have to be reasonable and sensible with medication you keep at home (especially if you have young children), you should be responsible and careful with your checkbook and credit cards.

It could save you a lot of money and anguish.

Have you benefited from the legal or Aliyah services provided by Voleh volunteers and/or the information on this site created by volunteers?  I know that I certainly have!  Which is why I thought many of you would want to know that you have an opportunity to nominate Voleh as an Outstanding Volunteer organization.

The Tel Aviv branch of the Israel Bar Assn. is accepting recommendations for outstanding volunteers who have served the public. Please take a moment and write a brief recommendation (English is fine) about your positive experience with Voleh and send it to ilana@tabar.org.il

by Tzvi Szajnbrum, Attorney at Law

Based on my experience with hundreds of cases in these last three years, I have some thoughts to share with you. This is not a legal article “per se” but the message here may have a huge influence on your day-to-day life. The goal of this article is a tentative essay on what I call: The best way to “join the club” without losing your uniqueness.

A new country, a new life, a new mentality, new people, new friends, new language and above all: new hopes. This is what we all confront when making Aliyah and no one is spared.

There are no statistics but I can certainly affirm that the index of divorce among new immigrants is higher (compared to the “regular” population). There is a lot of pressure: financial and emotional; and again no one is spared. The pressure is tremendous especially when only one of the couple succeeds in assimilating into Israeli society.

The first step of a successful Aliyah is accepting the fact that you are now here in Israel – for good and for bad. This is the place you chose to live and not a place to leave just because you are having difficulties. You came here with dreams so let’s commit to making these dreams become reality.

The second step should be to stop comparing the people, the country, the mentality or the service you receive here to the place you moved here from. You are now here and if you keep comparing, your life will be hard and possibly miserable. It doesn’t really matter how people act or react in the US or in South Africa because the people acting and reacting to events are now Israelis in Israel. Don’t try to make “them” change. You must be more accepting.

The third step is the easiest: If you cannot beat them, join them. Of course it doesn’t mean you have to “cut in front of the line” but when someone does it to you; do not hesitate to be “Israeli” and say: “Sliha! Ma ze? Lama?” (Excuse me! What’s this? Why?) Why not try it? You’ll see how easily you can do it.

The forth step, now that you are almost a real Israeli it doesn’t mean you must become like them! Be yourself; keep your mannerisms, your uniqueness, your “Minhagim“. You do not have to become rude – just don’t let them get away with being rude to you! You have some advantages over the “locals”. You probably speak English better and you are “that crazy guy who made Aliyah” (has anyone ever asked you “why did you come here? What’s wrong “there”?) Most Israelis do appreciate your courage in coming here.

The last step is learning how to “pick your battles”. You cannot change the mentality. At most; you can influence by behaving better, by not “sweating the small stuff”. You can become part of the Israeli society without being an Israeli.

Be more tolerant and more acceptable:

Try to understand where you are and if you have not noticed, Israel is located in the Middle East and not near Switzerland or Australia. The reality is that simple, therefore you must try to accept the fact that nothing will be the same as it was before your Aliyah. Be positive and believe that it will better, but also different.

Be “You” in Israel

You don’t have to be Israeli; you don’t have to blend in with the crowd. Just be you but respect your new reality. You have to adapt, not THEM. You are the newcomer and there is nothing wrong with that.

A last word of wisdom

If your Hebrew is good enough to understand and be understood, you should speak Hebrew even if you have that heavy mother-tongue accent. The Hebrew language is known to be a crucial factor in your successful Aliyah.

by Tzvi Szajnbrum, Attorney at Law

If your parents helped you to purchase Real Estate when you got married, watch out, because in case of a divorce (yours), your folks may sue you for that “gift” they gave you.

Many parents do help their kids to purchase the dream house they want to buy when they first get married. In general the property will be bought in both sides’ name: The bride and the groom in equal shares. But things can get nasty too!

The law suit:

What happens if you divorce and your parents ask to be paid back for that same amount they have invested in your Real Estate?

This was the case judged in the Nazareth Family Court by the honorable Judge Mr. Sary Joice in November 2011.

The parents (the plaintiffs) sued their son and ex-daughter-in-law (the defendants) for a third of the house the defendants had purchased after getting married. The property was assigned in both the son and daughter-in-law’s names in equal shares.

The plaintiffs also asked the court to be granted a total of 210,000 shekels as compensation for having taken care of their grandchildren for seven consecutive years.   In addition, they sued for 189,000 shekels as “extra general compensation”.

The Facts:

The defendants married in 1985. From this marriage they had three children. The couple separated in 2006 and eventually divorced.

In 1994, the plaintiffs decided to move near the defendant in order to “help them out” raising and taking care of the grandchildren. After the third child was born, the defendants sold their apartment in order to buy a bigger and better one. In the meantime they moved into the plaintiff’s apartment.

The plaintiffs wanted to help their son’s family, therefore they all agreed on selling the plaintiff’s apartment and to buying a bigger and more suitable unit, where they would move in together. The plaintiffs would have their own unit in the apartment.

The relations between them slowly deteriorated and reached a point where the plaintiffs had to move out in 2004, claiming they could not take their daughter-in-law’s bad behavior towards them.

The house was eventually sold after the legal proceedings had begun and the money for the sold apartment was deposited with the lawyers until an agreement regarding the division of the sum was reached or a decision was given by the court.

There is no doubt that the relationship between the plaintiffs and their son was a very “intense, close and protective one”. The son (the defendant) had a “high respect and appreciation” for his parents.

As expected, during the proceedings, the son (one of the defendants) agreed to the plaintiff’s claims but the other defendant (ex-daughter-in-law) of course denied all of them, claiming that the money was given to them as a gift out of good faith of the plaintiffs and they never spoke of anything else but as a final and sincere gift!

The total amount given by the plaintiffs was $104,000 but out of this amount, $ 14,000 was used to build a separate unit for the parents in the new apartment and $ 90,000 as a down payment for the apartment.

The Honorable Judge decided partially in favor of the plaintiffs granting them 29% of the rights on the Real Estate (equal to $ 90,000) but not for any compensation whatsoever.

A word of wisdom:

We all love and care for our children and as grandparents we all develop a special relationship with them. We want to help them out and we do care about them.

The problem often seen in family court involving relations between parents-in-law and sons is very much the same and ends up becoming ugly. Unfortunately we also frequently see families divided where grandparents end up with limited access to their grandchildren.

It is important to plan in advance. It is not a crime to purchase real estate or financially help with the purchase, giving the rights to the property in accordance to how much each side had initially invested.

An example of a future model:

A and B recently married and want to purchase their dream house but only A can provide a substantial amount of the down payment. Let’s assume the house will cost $400,000 where A will bring in (from his/her savings or as a gift from the parents) $200,000. In this case they will be advised to have an agreement concerning both sides’ rights in case of a separation or having the house assigned with authorities not in equal parts.

In this example the house will be divided as follows: 50% to A and 50% as a mutual asset. In case of divorce, the house will be divided only for that 50% meaning that A will receive a total of 75% equal to $300,000 and therefore A will not “lose” his initial investment on the property.

There are many cases where we as parents know from the very beginning it would be “wise to have this kind of security” and because we are giving the “gift” we can also make some “demands” on how to give it!

by Tzvi Szajnbrum, Attorney at Law

Mrs. Smith worked in two different workplaces but due to the health status of her family members, she had to quit one of her jobs (we will call it the “first”) but continued to work in her second additional workplace.

The legal question:

The legal question presented to the court was: Is Mrs. Smith entitled to receive severance payment from the first workplace even though she deliberately quit her job?

The claim:

Mrs. Smith sued for severance payment, compensation and social benefits not paid to her as requested until she quit.

The health problems:

There is no dispute that the medical issues were indeed serious issues which surrounded a large number of family members – a very rare and extreme situation.

The Law:

The law permits a worker to resign because of a bad health condition. He can also resign if the health condition problem is not his but rather one of his direct family members. In this case the employee is still be entitled to severance payment.

The precedent in court:

“Burden of proof to the applicability of article 6 of the severance pay is always incumbent on the plaintiff and it must prove that the health status of those who resigned for the reason of family health problems, which is defined in the regulations that the employee must prove that in the light of the medical condition and the rest of the medical findings, there are enough circumstances to resign. As part of this burden on the plaintiff to bring evidence by medical certificates that the state of health of the family members that are defined in the regulations, do not allow her to continue to work and must resign, and provides reason enough for further compensation.”

 The defendant:

The defendant claimed the plaintiff was not entitled to any of the severance payment or any compensation due to the fact that she resigned and was not dismissed or fired by the employer.

Furthermore, the plaintiff never tried to find a real solution to prevent her from stopping working. If she had tried she could have found other solutions rather than resigning.

The decision:

On December 17^th 2011 the honorable Judge, Mrs. Osnat Robovitch from the Tel Aviv Labor Court decided for the plaintiff as follows:

“As previously stated, the plaintiff claims that her resignation was announced at the beginning of 12/09, due to the accumulation of several events related to the health problems of several family members (that are indeed defined in the regulations as “family members”), which led to her decision to resign, from the first workplace where she worked only one day a week, so in order to be more free to take care of the family, who now needed her more because of their state of health.”

After hearing the evidence of the parties and reading all legal and medical documents, the Honorable Judge decided that each event by itself does not necessarily constitute a basis for eligibility for dismissal due to health of a family member. The events which took place at the beginning of the month of December 2009 led to the conclusion that the resignation was directly related to the health condition of her family members. The Judge stated: “Therefore I was convinced that the burden imposed on the plaintiff to prove that the resignation was because of the health condition of her family members is accepted”.

The Result:

The plaintiff was granted her severance payment and all the social benefits she was entitled to receive (she would have received them even if she had not won the case for the severance payment) plus an extra 6,000 shekels for lawyer’s fees.

A word of wisdom for employers:

Employers should try to better understand the law and to be more sympathetic to extreme situations, as was the case of this plaintiff. The law is not black and white therefore before you decide “not to pay” you should consult a lawyer who knows the field of labor law.

A word of wisdom for employees:

One should try to understand the employer’s situation when you resign. There are many implications, not only economic ones. Make your employer a partner, explain your situation and try to make him sympathize with your situation. It will be easier if you to turn to him as an ally and not an enemy.

The secret:

Sometimes there is no other way and a dispute must be decided in the court room. Many times it is all about finding the right balance between your rights and your employers’ interest. Both sides have legitimate interests. The secret is finding the balance between them outside the courtroom.

by Tzvi Szajnbrum, Attorney at Law

Every new immigrant has times of light and unfortunately times of darkness. This is the reality. Moving to a new country, new language and especially a new mentality is very stressful. We at VOLEH can offer a better way to deal with the dark part of your Aliyah – this is our job. Your job is just to be willing to see the light, let US help YOU.

We deal with small and big issues concerning every aspect of the legal system, every day we have a new case (sometimes a few cases) and every new case is for us the most important because we understand the impact the results (good or bad) will have in this new immigrant’s life.

We have done a great job helping people to “stay in Israel”, to “accept” the system and to adapt to it. We may have done wonders, but we’re not miracle makers. We have had our failures/lack of successes (depending on one’s point of view) with a few cases because not every single case can be solved with a “happy ending”.

There are four major problems when dealing with a new immigrant’s legal problem:

“Timing“:  Not looking for help on time, before things get really nasty can be crucial. Procrastinating will cause more harm and eventually put you in a situation where it is almost impossible to solve your issue in a desired manner in where you can “start clean” from the beginning. This is especially true in two areas:

1) Divorce: In a divorce case, timing is crucial (but it is not the only important factor). Every delay can cause turmoil and increase the chances of irreversible damage regarding the legal process, causing you to reach a “poor agreement” in the end.

2) Dealing with Debts: In a “debt related case”, timing is very important in order to avoid receiving a “ban to leave Israel”. But being very organized is also very important; one must know what is being asked of him, to whom he owes money, his real income and expenses. All this is crucial to building a plan to rescue a person from his debtors.

“Denial“:  Living in denial to avoid despair is very common. Believing that “everything will be fine in the end” is a good cure for the “debt disease” and a better one in a “domestic violence or divorce case”. Who wants to admit he/she failed in the marriage? Who wants to admit he/she could not handle the finances properly?

“The language factor“: Command of the Hebrew language, the ability to understand what is being said to you, to communicate fluently and especially to be understood, can have a major impact in your life and certainly in a legal process or even before it becomes a legal process.

“The trust factor“:  How many times have we been turned down when asking for a power of attorney? How are we expected to help you without having a power of attorney? In Israel a lawyer can represent (or even write a letter in someone’s name) if he has a power of attorney and in Hebrew!

If you need help and don’t trust us, it will be impossible to work together. There are no exceptions – we need your cooperation and yes, we need your trust as well. You will have to trust us and your debtors if you want to reach and good agreement. You will have to trust the legal system and the judge if you want a better deal in your divorce. You must understand that your own benefit is also our best interest, our success and proof that we have achieved our goals.
In conclusion: If you seek us for help please remember we are a “team”. We must work together and in full coordination in order to achieve your objectives as best as possible – and as soon as possible!

Serious Cultural Differences are the Main Problem

by Tzvi Szajnbrum, Attorney at Law

And this is why we try to solve problems by “speaking” to the divergent sides and not just sending letters. Please remember that we have more than 50 thousand lawyers in this country – believe me when I say that too many unnecessary letters are sent everyday accomplishing absolutely nothing.

We try to narrow the cultural gap, but your cooperation is much needed. You have to compromise and understand a very strong point regarding the client-lawyer relationship.

Sometimes a client wants to feel “protected and well represented”. I’ve heard sentences such as: “I want you to teach them a lesson” or “please explain every step of your work” (can you imagine a free legal aid organization doing that? We can’t!); and even “I don’t care if I have to reach the Supreme Court”. If we were to follow those guidelines we would accomplish very little and not solve any problems.

I understand that for many new immigrants it is very hard to deal with a completely new legal system. Add to that the factor of a new and strange mentality (especially the Israeli mentality!) in a situation where the new immigrant feels under pressure and you have the perfect recipe for disaster!

The American way of doing business as opposed to the Israeli way:

In Israel a “Custom” (“Minhag”) is still not the law (“Chok”), but custom can be the law (“Din”), therefore we all must find a way to bind to the Israeli laws and customs.

In America it is illegal to write and give post-dated checks – in Israel this is regular business practice.

In America security deposit checks are not post-dated, they are cashed by a 3rd party escrow agent (law firm or real estate management company) who holds the money until about 15 days after the contract has ended giving the landlord an opportunity to submit claims against the tenant for repairs – or allow the tenant to have their money back.  You may not understand, but in Israel the security deposit can (and should in my opinion) be post-dated for the end of the contract period, but it is not always done that way! And the deposit check is held by the landlord himself.

In America, a “reasonable period” for responding to serious deficiencies requiring repair would be no more than 48 hours. And in a case where, for example, water is pouring out of a wall it would not be unreasonable to expect repair within a few hours.  In Israel, where water is scarce this should receive top priority, but it doesn’t always because “no one is in a hurry” (except the tenant living under extreme conditions).

In America, laws protect the tenant and landlords are held accountable. In Israel, things often seem to be quite a bit more relaxed on this issue and that’s why there are so many “slum” landlords getting away with renting places that are uninhabitable! Some new immigrants have suffered material losses as their possessions are ruined – while landlords continue to refuse to fix the problem. Others have needed to move from their current nightmare apartments to a better place because they could not stand staying another month in that place.

And because so many of these new immigrants used to be responsible homeowners but can’t afford to buy even a small apartment at Israeli prices, the frustration of dealing with unethical, inconsiderate landlords makes many people even consider moving back to America because their Aliyah seems unbearable for them.

This is where we step in, but you must trust us and let us handle the problem in order to solve the problem as fast and “clean” as possible.

I suggest you read this article: http://lawadv.com/userfiles/I_know_the_Shepherd.pdf

There is a “catch” though. Sometimes, due to pressure or just what may seem like a lack of empathy we may sound “not very sympathetic” to your problem. Please forgive us! We are aware of these communication problems and we try our best.

A word of wisdom:

Like in a divorce case, emotions are always an enemy to your best interests. In a contractual dispute you must use the best tools you have: your brains and your lawyer.

Try not to “sweat the small stuff”, trust your lawyer and think rationally – aiming to solve the problem as quickly as possible with the least amount of stress.

It may seem confusing and frustrating, but we do have your best interest in mind and we will do the best we can to achieve what’s best for you.

Because many olim don’t understand the differences between homeowners/renters insurance policies in their land of birth vs. those in Israel, I have obtained this Home Insurance in Israel Guide in English from Clal Insurance Co. Ltd. to share with you.

In it you will find information including:

• general definitions
• insurance on the building
• insurance on the contents
• explanations of what is covered
• additional “riders”
• risk of loss for valuable
• property you keep off-site in bank safe deposit boxes
• acts of terrorism
• third party legal liability
• employer’s liability
• exclusions
• terms and conditions

If you have any legal questions relating to this – or your current policy – please feel free to contact me by email.  If you have other questions, please contact Clal Insurance or visit their website.