Lawyer Who Declared Herself Fired in Email Loses Severance Pay Case
Translated & summarized from Mako by baba
A Tel Aviv Labor Court ruled that a lawyer, Nurit Haravest, effectively resigned when she emailed her employer stating she considered his silence a dismissal. She will not receive severance pay but was awarded about 33,000 shekels for vacation days, wages, and pay slips. The court found Haravest, a labor law expert, did not explicitly retract her resignation. The employer, Chai Bar-El, was ordered to pay the awarded sum for work performed after the disputed email and for other employment-related issues.
The story in 5 lines · by baba
- A lawyer who emailed her employer considering his silence a dismissal was ruled to have resigned, not been fired.
- The Tel Aviv Labor Court denied the lawyer severance pay but awarded her 33,000 shekels for vacation and wages.
- The court cited the lawyer's expertise in labor law as a reason she should have clearly retracted her resignation.
- The employer was ordered to pay for two weeks of work after the disputed email and for other employment issues.
- The ruling stated an employee cannot dictate terms of dismissal to an employer via email.
A Tel Aviv Labor Court has ruled that a lawyer who sent an email stating she considered her employer's silence to be a dismissal effectively resigned. The court determined that Nurit Haravest, who worked for lawyer Chai Bar-El from July 2020, could not claim severance pay. However, she was awarded approximately 33,000 shekels for unused vacation days, unpaid wages, and missing pay slips.
Haravest began working at Bar-El's labor law firm in July 2020. Bar-El, who also heads an anti-corruption organization, was facing a criminal case stemming from a fatal car accident. Haravest became the sole lawyer in the office during this period. The dispute arose in May 2023 when a pension agent discovered missing contributions, leading to Haravest's insurance lapsing.
On November 6, 2023, a sick and frustrated Haravest emailed Bar-El, stating, "Since I have not received any response from you... I see your blatant disregard as a dismissal in every respect." The next day, Bar-El responded politely, suggesting she provide notice and a proper handover upon her recovery, and stated he would not argue whether she was dismissed or resigning.
Despite the email, Haravest continued working, and her salary was still paid. Meetings in December and January involved Bar-El proposing alternative work arrangements, such as hourly, freelance, or partnership, which Haravest refused, citing her need for a stable salary as a mother of three. Bar-El claimed an agreement was reached on January 11, 2024, to end employment on February 11, but he later emailed on February 25 stating their professional relationship had ended two weeks prior. Haravest discovered her access to office systems was blocked the following morning, leading her to accuse him of firing her without notice or a hearing.
Haravest filed a lawsuit for around 210,000 shekels. The court, presided over by Senior Judge Ravit Tzadok and public representatives Avraham Kaminsky and Dalia Kotai, rejected Haravest's claim for severance pay. They ruled that while an employee might resign in anger, they must explicitly retract it within a reasonable time, which Haravest failed to do. The court noted her background in labor law meant she should have been aware of legal requirements. The period after her email was considered an extended notice period, prolonged by her illness, negotiations, and case completion.
The court also dismissed some of Bar-El's claims, including his assertion that Haravest worked less than 5% of the time. Evidence suggested she worked at 60% capacity. Bar-El was ordered to pay Haravest approximately 33,170 shekels plus interest for two weeks of work after February 11, improperly withheld vacation days, and missing pay slips and a written statement of employment terms. He was also ordered to pay 3,000 shekels in legal costs.
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