We all know this line: “I have the right.” Yes, we all have the right to do this or that, but sometimes our rights are just intangible dreams. Let’s be wise and learn how to compromise.
In this article — as well as upcoming ones — I will provide a few examples from actual cases in different areas of Israeli life and our legal system. This time we will deal with Labor Law.
Some Background
Gal was an immigrant exemplar from North America: Filled with Zionism and a real believer in life and justice, she was a real devotee of Israeli society and the Israeli system — including the legal system. In her eyes we are a Jewish state, a better country, a better society — and, of course, we have a better legal system.
Gal worked as a kindergarten assistant, while she sought a better position as a technical writer. Her salary was small, but sufficient for her needs. Most of all, she loved the children; they were all so special, so good to her….
The Beginning of the Problems
Gal was a very responsible person; she knew her work well, and she always followed the rules — most of the rules… but not all, and not always.
One day in the summer, Gal was left alone at the “gan” (kindergarten) with 7 kids, just for an hour. This was due to an emergency in the family of Miri, the other ganenet (kindergarten teacher). Gal was asked to stay in the room and not to let any child go out, even for a second.
Gal thought she knew better, and that leaving the children in the room wasn’t such a good idea. So, she took them out to the patio to play.
One of the rules the replacement ganenet didn’t like to follow was counting the children every time they went out and returned inside, to make sure they were all back! This time, she didn’t count them at all — neither when they all left the room, nor when they went back into the gan.
As Gal was returning from the courtyard to the room, Miri called to say she’d be back in 30 minutes. Gal started to chat with Miri, asking her about the problem and how she had dealt with it. Gal got distracted, and finally realized the kids were back in the room again.
In no less than 20 minutes, a police officer was at the kindergarten door, asking if she knew “Moshe” — a very quiet 5-year-old, who was sobbing and had bruises all over his knees.
Gal Contacted Me
More than a year after the incident, after Gal had been questioned by the police, fired, and had forgotten about the entire incident, Gal was indicted: the State of Israel vs. Gal. The incrimination was very serious — she was charged, amongst other things, with leaving a minor unattended; and being responsible for severe injury in a junior…. Yes, a total of 4 different criminal acts under the Israeli Criminal Code law.
Gal Refused the Deal
I had a line of defense, but I could never win the case. She would never be found “Not guilty” by any judge in Israel. Gal would have to pay a heavy price for her mistakes — and she did!
My client’s biggest error was to refuse the plea bargain I negotiated for her. She would be found “Guilty,” but would not have a criminal record. This was my second case of a similar ilk — with the same lawyer for the prosecution — so I already knew the rules of the game with him: Gal would receive probation; would “donate” a total of a mere 120 hours of community work; and would receive a 3,000-shekel fine. After that, she’d be able to start her life anew. Although this was a great deal, she refused.
Gal could not accept the way the prosecution was running the show in court. To her, this was inadmissible in the Jewish state; this was not the due process she used to know back in America. This was not a fair trial — and she was correct. Gal had the right to a fair trial!
Gal told me she would not need my services anymore and hired a new lawyer. A much better lawyer than myself, I must admit. He did a better job and, instead of a 3,000-shekel fine, he won a 500-shekel fine on her behalf — only 500 shekels.
The Background Story Gal Never Told Me
Although Gal never told me personally, I found out, by coincidence, that she had paid the other lawyer a total of $3,000 to represent her. I can imagine he promised her what I refused to do! I never promise miracles, only wonders.
A Word of Wisdom
Although compromise is always a right, sometimes it’s an obligation.
