Choshen Mishpat

Hello, A daycare assistant (45 per hour) received a job offer a few weeks ago from another institution to be a daycare teacher (60 per hour) after the Shavuot holiday because the regular teacher is about to give birth. The assistant accepted the position and informed the previous institution that she would resign after the Shavuot holiday. A few days later, the regular teacher calls the person in charge of the teachers and assistants (of the new job) and informs her that the birth will be delayed more than she thought, so she will be able to come to the daycare until two weeks after the Shavuot holiday. The person in charge felt very uncomfortable informing the new teacher (the substitute) about this change after agreeing with her that she would start working after the Shavuot holiday, so she did not call the substitute to inform her of the change. Today, the person in charge calls the substitute and tells her that the birth is delayed, so the regular teacher wants to continue working for the next two weeks. On the other hand, the substitute claims that she has already canceled her job at the previous institution and they have already found another assistant, and if the person in charge had called immediately when she knew about the change, she might have been able to stay at the previous institution for those two weeks (because perhaps they had not yet closed with the other assistant). What is the ruling? What is the reason? Thank you very much.

Hello

If the assistant knew in advance that this was a kind of gamble, she has no claim, because she knew that the birth could be delayed. But if this was not known to her, and she was clearly told that she would come to work, then they are obviously obligated to her, as in the beginning of Siman Shlag, when they agreed with a worker and he lost another job, then they are obligated to her as an idle worker.

Dayanim of the Beit Hora'ah