For many years, Mrs. Baum stayed home with her young children. As her youngest child approached preschool age, she decided to re-enter the work force. She began sending out resumés, networking, and speaking with potential contacts half a year before she planned to return to work.

But the job market was not easy. After months of effort and numerous interviews that led nowhere, Mrs. Baum was finally called back for a second interview with a promising prospect.

A week in advance, she arranged with a young woman, Rachel, to babysit for the day.

Early on the morning of the scheduled interview, Rachel called. “I’m sorry for calling now,” she said, “but I will not be able to make it today.”

“What do you mean, you can’t make it?” asked Mrs. Baum.

“A close friend whom I haven’t seen for years told me last night that she will be popping into town today,” Rachel said. “We want to get together.”

“That’s not enough of a reason,” said Mrs. Baum with exasperation. “Do you realize that I have a job interview today? I need someone to be here! You can’t do this to me today.”

“I’m sure you can find somebody else,” Rachel said.

Mrs. Baum called some other people who had babysat her children in the past, but no one was available. She called Rachel back.

“I made a few phone calls, but can’t find anybody,” Mrs. Baum said. “I really need you to come.”

“Sorry, but I just cannot make it,” repeated Rachel.

“What if I offer you double pay?” asked Mrs. Baum. “Will you come then?”

“I’m not thrilled,” Rachel said, “but for double pay, I’ll come.”

Ten minutes later, Rachel came over. Mrs. Baum rushed to her appointment.

Later, when Mrs. Baum returned, she took out a sum of money in the amount initially agreed upon.

“That’s not enough,” said Rachel. “We agreed on double pay.”

“What I gave you is what we really agreed on,” said Mrs. Baum.

“But once you agreed to pay double, that became your agreement,” said Rachel hotly. “I only came to work with that understanding.

You’re cheating me!”

“If anything, you tried to cheat me,” replied Mrs. Baum. “You made me pay more when

I had no choice in the matter. I’m going to have my husband ask Rabbi Dayan about this.”

Mr. Baum called Rabbi Dayan and explained the situation. “Does my wife have to pay the amount initially agreed upon, or what she was forced to offer later?”

“In this case,” answered Rabbi Dayan, “your wife does not have to pay the higher amount she agreed to under duress.”

“Why is this?” asked Mr. Baum

“An employee paid by the hour or day has the legal right to cancel his employment in many situations,” answered Rabbi Dayan, “although it is often wrongful and the employer has rightful complaints against him (C.M. 333:3; Pischei Choshen, Sechirus 11:1).

“However, an employee cannot retract in a situation where he will cause the employer a significant loss, davar ha’avud,” continued Rabbi Dayan. “In such a situation, the employer is allowed to take measures to ensure that the job is completed. If need be, he can trick the employee into finishing the job by agreeing to additional salary, or he can hire other, more costly, workers at the employee’s expense, up to the value of his salary (C.M. 333:5-6).”

“What if my wife already doubly paid the babysitter?” asked Mr. Baum. “Could she demand that the extra be returned?”

“Yes,” answered Rabbi Dayan. “Since the babysitter had no right to retract from the job under these circumstances and demand additional pay, any additional amount is theft on her part (Aruch Hashulchan 333:19).”

“What if it had been possible to find another babysitter?” asked Mr. Baum.

“If it was possible to hire an alternate babysitter,” said Rabbi Dayan, “then your wife would have no right to trick her or hire someone else at her expense; if your wife agreed to pay extra, despite there being a replacement available, she would have to pay the higher price that she agreed to (Rema 333:5).”