Q: A car mechanic charged me rates way higher than other mechanics in his area. Can I claim ona’ah and demand a refund?

A: The Shulchan Aruch differentiates between a po’el, an employee who is time-bound and paid by the hour or day, and a kablan, an independent, contracted worker who charges a flat rate for the job.

We learned last week that there is no ona’ah on the sale of slaves. Although there is no slave market nowadays, the exclusion of people from ona’ah remains relevant for time-based workers. Thus, even if the price-per-hour varies significantly from the going rate, neither the worker nor the employer can claim ona’ah (C. M. 227:33), at least for a deviation of half the going rate (C.M. 227:29).

However, if the worker is an independent worker who charges a flat fee for a job, the Shulchan Aruch rules that ona’ah applies if his price veers significantly from the average range. This is because such a worker is not bound by time and not comparable to a slave, whose time is bound. If the worker charges extra because he is highly qualified and provides a superior service to other professionals, then there would be no ona’ah (227:36).