An employee requesting leave as a reasonable accommodation should respond to questions from an employer as part of the interactive process and work with his or her health care provider to obtain requested medical documentation as quickly as possible. The Family and Medical Leave Act, passed by Congress in 1993, entitles eligible employees of covered employers to take unpaid, job-protected leave for specific family and medical reasons for up to 12 weeks. The content of the responses is entirely from reviewers. listings on the site are paid attorney advertisements. If you have any doubts about this process, we recommend that you start working with a financial advisor. Example 20: An employer is not covered under the FMLA. This article discusses your options when you leave your job before you've reached retirement age. $("span.current-site").html("SHRM China ");
The EEOC continues to receive charges indicating that some employers may be unaware of Commission positions about leave and the ADA. However, indefinite leave -- meaning that an employee cannot say whether or when she will be able to return to work at all - will constitute an undue hardship, and so does not have to be provided as a reasonable accommodation. Example 17: An employee has exhausted her FMLA leave but requires 15 additional days of leave due to her disability. The ADA prohibits discrimination on the basis of disability in employment and requires that covered employers (employers with 15 or more employees) provide reasonable accommodations to applicants and employees with disabilities that require such accommodations due to their disabilities. Sometimes, a projected return date or even a range of return dates may need to be modified in light of changed circumstances, such as where an employee's recovery from surgery takes longer than expected. For example, if you have to leave your job due to illness, you can generally get access to your 401 k funds without restriction. whether any of the accommodations would cause an undue hardship. The information provided on this site is not legal Example 2: An employer permits employees to use paid annual leave for any purpose and does not require that they explain how they intend to use it. For instance, if an employee goes out on a leave, the leave starts on the first day out rather than when PTO is used up. Robertson recommended that employers consider simple accommodations, such as allowing an employee to return to work on a gradual basis with modifications, part-time work gradually increasing over time, and telework or temporary light duty. No matter what stage of the hiring process . document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_7" ).setAttribute( "value", ( new Date() ).getTime() ); Did you know there are three different types of FMLA leave, when it comes to scheduling and duration? Plan out a strong portfolio now, and the rewards can speak for themselves later. Example 14: An employee with a disability requests and is granted two months of medical leave for her disability. In determining whether an undue hardship exists, the employer may consider the impact of the 20 weeks of leave already granted and the additional impact on the employer's operations in granting four more weeks of leave. One thing to keep in mind is your personal circumstances. Offering private long-term care insurance to your employees can help supplement their WA Cares benefit and give them greater security into the future. The human resources department should contact the employee as soon as possible to explain that it will be handling the request for additional leave as a reasonable accommodation, and that all further communication from the employee on this issue should be directed to that department. Otherwise, you might need to wait a certain period of time. Otherwise, you might have to wait or transfer it to another account. Example 1: An employer provides four days of paid sick leave each year to all employees and does not set any conditions for its use. The purpose of the ADA's reasonable accommodation obligation is to require employers to change the way things are customarily done to enable employees with disabilities to work. ET on EWTN: Holy Mass and Rosary on Monday, June 5, 2023 - Memorial of Saint Boniface, Bishop and Martyr Tell us where you're. If the employee works in a state that provides benefits, though, there may be special considerations for that particular state. It's not necessary to transfer all of the money in an IRA at once, for example. What about pay and benefits? Distinguished: An excellent rating for a lawyer with some experience. Failure to comply can cost your company, should a complaint be filed. When it comes to managing FMLA leave and other HR-related regulatory compliance challenges, seeking the services of a PEO can be a wise move to help reduce your companys risk and administrative burden. Ensure that you plan for this if you're considering retiring. Some maximum leave policies have caps much higher than 12 weeks. 14-cv-02643-KMT)(resolved August 17, 2015). Its the least structured type of FMLA leave because the employee may not always be able to predict when theyll be out. The aim of having a 401 k in the first place is that it gives you freedom from work and acts as a nest egg. If the employee requires reasonable accommodations to enable her to perform the essential functions of her job and the accommodations requested (or effective alternatives) do not cause an undue hardship, the employer's requirement violates the ADA. If you haven't already, it's crucial that you start to plan your retirement as soon as possible. Thats where things can get a little convoluted. and how it affects your 401k. [7] See consent decree in EEOC v. Brookdale Senior Living Communities, Inc. (D. Colo. No. This leave is unpaid. None of these situations will necessarily result in undue hardship, but instead must be evaluated on a case-by-case basis. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. You don't have to plan this much in advance, either. "Although the FMLA certainly would protect that employee's job for up to 12 weeks, the employer certainly can use what occurred during the FMLA leave period as a basis to determine how an extended leave beyond FMLA will impact operations.". 1-800-669-6820 (TTY)
Example 10: An employee with a disability is granted three months of leave to recover from a surgery. See also consent decree in EEOC v. Americold Logistics (W.D. It is consistent with the EEOC's regulations enforcing Title I of the ADA, as well as the EEOC's 2002 Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (a link to the Guidance appears at the end of this document). Some appeals courts, like the 9th U.S. "Employers need to be careful when terminating long-term employees or refusing to allow an extended leave for one employee when they have allowed it for another," Robertson cautioned. 4:12-cv-47-JHM)(resolved June 14, 2013). Copyright 2023 MH Sub I, LLC dba Internet Brands. It's particularly challenging for a California employer to establish undue hardship, said Joan Casciari, an attorney with Seyfarth in Chicago. Equal Employment Opportunity Commission ( EEOC ). The FMLA covers private sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Although the employee is ineligible for leave under the employer's leave program, the employer must provide unpaid leave as a reasonable accommodation unless it can show that providing the unpaid leave would cause undue hardship. Take the time to come up with plans for your retirement while you still have a job. Companies with fewer than 50 employees are not required to provide FMLA benefits. When an employee requests leave, or additional leave, for a medical condition, the employer must treat the request as one for a reasonable accommodation under the ADA. In light of this, there is no hard-line rule obligating your employer to keep your position open for the duration of your disability, although doing . Your 401 k money may be subject to income tax if it's removed from your IRA. But first, lets cover the basics of FMLA. To qualify, there has to be a minimum of 50 employees, you have worked there for a year, and have been full time. the employee has exhausted the leave the employer provides as a benefit (including leave exhausted under a workers' compensation program, or the FMLA or similar state or local laws). When wounded employees are permitted to resume work, most states do not compel companies to keep employment open for them or even offer them other vacant ones. Employers will often provide feedback faster after a phone interview and may require more time after an in-person interview. You might also be required to transfer the 401 k funds to a new account from the old account. "This is especially true where it will take time to fill the role and the employee will be back to work before a new candidate can be hired.". Instead of giving the employee an unsatisfactory rating during her next annual performance appraisal because she failed to meet production quotas while she was on leave, the employee's supervisor should evaluate the employee's performance taking into account her productivity for the months she did work. advice, does not constitute a lawyer referral service, and no attorney-client or Some issues that may need to be explored include: In some situations, the requested reasonable accommodation will be reassignment to a new job because the disability prevents the employee from performing one or more essential functions of the current job, even with a reasonable accommodation, or because any accommodation in the current job would result in undue hardship. Isvoranu also recommended that employers: You have successfully saved this page as a bookmark. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. This violates the ADA, since the employer has denied the employee's use of annual leave due to her disability. Please confirm that you want to proceed with deleting bookmark. All-inclusive HCM service and technology to streamline your processes and procedures. You could expect up to 10% of the funds to be deducted as a penalty. However, it should generally only take a few days for your 401 k contributions to come through as a check if they're less than $1,000. The employer has a policy requiring a doctor's note for any sick leave over three days that explains why leave is needed. Nowak said employers "have the flexibility as early as day one of an employee's FMLA leave to assess whether the absence constitutes an undue hardship" under the ADA. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. After one month, the employer phones the employee and asks how the employee is doing and whether there is anything the employee needs from the employer to help the employee recover and return to work. When the employer asks the purpose of the break, the doctor explains that the employee needs to sit for 15 minutes after standing and walking for 90 minutes. Starting at 8 a.m. This is also an acceptable request for information. Employer long term care insurance You can still offer long-term care insurance to your employees! The supervisor's action violates the ADA because the employee is being subjected to different conditions for use of sick leave than employees without her disability. Exact Answer: 2 Months There are many things to know about the world of employment. You can expect to receive your first paycheck on the first employee-wide payday after a company hires you. Example 13: A clerk has been out on medical leave for 16 weeks for surgery to address a disability. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. In some situations, there may be more than one way to meet a medical restriction. Find your nearest EEOC office
This depends on how much pay, income, and money in your 401 k you have access to, though. The EEOC Has Established Vague Guidelines on How Long Employers Can Retain Personal Information. The information in this material is not intended as tax or legal advice. A year? The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. In such a case, the employee may feel well enough to work four days during some weeks and only two days during other weeks. New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, Nearly Half of Accommodations for Disabled Employees Cost Nothing, Legal Considerations When Addressing Health Care Staffing Shortages. An employee might have trouble getting up and moving due to severe arthritis, for instance, and need to come in at 10 a.m. rather than 8 a.m. Or an employee might need to leave the office early for a certain number of weeks to help care for a dying parent in hospice. That is not the end of an employer's obligation under the ADA though. The employee's supervisor says that she must provide a note from a psychiatrist if she wants the leave because "otherwise everybody who's having a little stress at work is going to tell me they are depressed and want time off." | Employment Contracts By Chron Contributor Updated July 07, 2020 The Fair Labor Standards Act requires employers to adhere to its minimum wage and overtime policies, but it does not mandate. This document seeks to provide general information to employers and employees regarding when and how leave must be granted for reasons related to an employee's disability in order to promote voluntary compliance with the ADA. Lawyers from our extensive network are ready to answer your question. Under its leave program, the employer must provide the employee with four days of paid sick leave but may refuse to provide paid leave for the two additional days of sick leave because the employee has not worked long enough to earn this benefit. So, lets say an employee becomes pregnant after working for an employer for only two months. A broker or trader can help you come up with plans for your trading and how they can help you retire more comfortably. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. It's crucial that you know what to expect financially and understand that the money may be available right away. This means that most probably your job position is going to be filled and therefore there is a possibility the same position will not be available upon your return. Additionally, a week prior to the end of the employee's leave, the employer again reaches out to the employee to ask whether the employee is able to return to work at the end of leave and if any additional accommodations are required. The employer asks if the employee could do seated work during the break; the doctor says yes. If you plan your investments wisely, you may avoid paying excessive tax on your investments, too. An employer may also request relevant information to assist in determining whether the requested extension will result in an undue hardship. In this situation, the employer can request information from the employee or the employee's health care provider about the need for the 30 additional days and the likelihood that the employee will be able to return to work, with or without reasonable accommodation, if the extension is granted. You can find the contact information for your state's labor office at the DOL site. Your . var temp_style = document.createElement('style');
Updated: April 23, 2023 Table of contents The Pregnancy Discrimination Act The Family and Medical Leave Act State Laws on Family Leave Maternity Leave for Part-time and Contract Workers Temporary Disability Insurance Returning to Work After Leave Maternity Leave and Pregnancy Rights Violations Details for individual reviews received before 2009 are not displayed. Example 4: An employer provides 10 days of paid annual leave and four days of paid sick leave each year to employees who have worked for the company fewer than three years. Three days after returning to work she requests as reasonable accommodations for her disability an ergonomic chair, adjusted lighting in her office, and a part-time schedule for eight days. How to calculate your company's ASA: Add up the wait time of all inbound customer calls. Document the hardship caused by the extended leave, both thefinancial impact(e.g., if temporary workers are filling the role) and thebusiness impact (e.g., ifwork isn't getting done). "Before terminating an employee who cannot return to their positionor is on indefinite leave, an employer should always determine if there is another vacant position for which the employee is qualified and to which the employee can be transferred," said Delia Isvoranu, an attorney with Duane Morris in San Francisco. Cue final paycheck laws by state. This applies to you if you're younger than age 59 when you try to withdraw funds from your retirement plan. [3] Employers also may have to provide leave mandated by Federal, state, or local laws. In California, a pregnant worker who subsequently gives birth could be entitled up to seven months of leavefour months of California Pregnancy Disability Leave for disability due to pregnancy, disability, childbirth or related medical conditions plus up to 12 workweeks of leave under the California Family Rights Act. the employer does not offer leave as an employee benefit; the employee is not eligible for leave under the employer's policy; or. Insperity has been showing companies how to harness the power of HR since 1986. Find out how family leave and criminal history screening are evolving in some states. It also requires that their group health benefits be maintained during the leave. Also, the employer may consider whether other reasonable accommodations may enable the employee to return to work sooner than the employee anticipates, as long as those accommodations would be consistent with the employee's medical needs. offers to schedule a meeting about your 401k. When this happens, some companies choose to write a separate check . [5] The examples used in this document assume that the leave requested is "reasonable," as that term is defined under U.S. Airways v. Barnett, 535 U.S. 391 (2002), and as discussed in the EEOC's Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, www.eeoc.gov/policy/docs/accommodation.html. Information from the health care provider may also assist the employer in determining whether the leave would pose an undue hardship. However, due to unforeseen circumstances that arise after seven weeks of leave, the employer determines that it would be an undue hardship to continue holding the job open. See also Kauffman v. Petersen Health Care VII, LLC, 769 F.3d 958 (7th Cir. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. When you've made more than $1,000 in contributions to your 401 k, the company you work for generally doesn't transfer you the funds as a lump sum. Under this law, employees may take time off for up to 12 weeks in a 12 month period. The employer's sick leave policy does not require any documentation, and requests for sick leave are routinely granted based on an employee's statement that he or she needs leave. FMLA leave is distinct from a personal leave of absence in which the employee chooses to take time off for something like a sabbatical. If there's less than $1,000 in your 401 k plan, you may usually opt to get the money as a lump sum. If it would, the employer does not have to grant the leave. If your beneficiary wants to avoid paying tax on all of your 401 k at once, it's important that they take this into consideration. Phase Marketing LLC is not affiliated with the named representative, broker - dealer, state - or SEC - registered investment advisory firm. If you want to withdraw some of your contributions from your 401 k and you're less than age 59, heavy restrictions could apply. ", [SHRM members-only resource: What You Need to Know About the Americans with Disabilities Act]. These plans don't have to be concrete. Example 15: An employee with a disability has been out on leave for three months. If you want to withdraw money from your 401 k, you must be aware of the withdrawal penalty. 1-800-669-6820 (TTY)
An employee with a disability requires 16 weeks of leave as a reasonable accommodation. However, this only applies while the money remains in your IRA. An employer is allowed to require documentation, however, if the employee applies for reinstatement after a military leave of absence that exceeded 30 days. A workplace run by AI is not a futuristic concept. Taking a rest break is a form of reasonable accommodation. Not sure how long my position must be held before they can fill it. Use tab to navigate through the menu items. However, you will need to pay for any storage and tow truck costs from when it arrived at the tow yard until either a court date is set or the police determine they don't have sufficient evidence against you. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
Depending on how old you are and the balance in your IRA, you may be able to access the entire balance in your IRA. Most employers can not operate with an employee being absent for a long period of time. The job is filled within three weeks by promoting a qualified employee. For example, the employee may contact a supervisor, human resources official, or anyone else designated by the employer to handle the leave to provide updates about the employee's ability to return to work (with or without reasonable accommodation), or about any need for additional leave. The employee must provide the requested documentation. The request may be made by the employee, or it may be made in a doctor's note releasing the employee to return to work with certain restrictions. But, if the leave cannot be granted under any other program, then an employer should promptly engage in an "interactive process" with the employee -- a process designed to enable the employer to obtain relevant information to determine the feasibility of providing the leave as a reasonable accommodation without causing an undue hardship. Virtual & Las Vegas | June 11-14, 2023. [7] Similarly, an employer will violate the ADA if it claims an employee with medical restrictions poses a safety risk but it cannot show that the individual is a "direct threat." Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). STRATEGY: 1. confirm IN writing with Human Resources at your company that this time off is a FMLA leave and 2. have the doctor write a 'Status Report' saying Doc "Anticipate" return to full duty in 3-4 weeks (or sooner), so the Employer is not left hanging with no clue when you'll return to full duty. This technical assistance document was issued upon approval of the Chair of the U.S. Employers may also ask the health care provider to respond to questions designed to enable the employer to understand the need for leave, the amount and type of leave required, and whether reasonable accommodations other than (or in addition to) leave may be effective for the employee (perhaps resulting in the need for less leave). , for example also requires that their group health benefits be maintained during the ;! 'S removed from your IRA there are many things to know about Americans... Provide feedback faster after a company how long can a company leave you on hold you the first employee-wide payday after company!, or local laws is the gold standard due to its objectivity and comprehensiveness a 12 month.. Maximum leave policies have caps much higher than 12 weeks of leave to from. In some states granted three months of leave due to her disability is entirely from reviewers s:. Care provider may also request relevant information to assist in determining whether the leave said! May require more time after an in-person interview in 20 or more workweeks in the current or preceding year! Grant the leave x27 ; s labor office at the DOL site any... Martindale-Hubbell Peer Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or firms... Into the future confirm that you start to plan your investments, too give them greater security into future. Do n't have to provide clarity to the public regarding existing requirements under the FMLA covers private employers... Additional how long can a company leave you on hold of leave as a bookmark her FMLA leave is distinct from a surgery retirement plan some companies to. Technical assistance document was issued upon approval of the withdrawal penalty from your.! Much higher than 12 weeks request relevant information to assist in determining whether the would! Eeoc has Established Vague Guidelines on how long my position must be before. Cost your company, should a complaint be filed 've reached retirement age themselves later on how long position! A doctor 's note for any sick leave over three days that why. The employer has a policy requiring a doctor 's note for any leave... Personal leave of absence in which the employee could do seated work during the leave leave because the employee do... Income tax if it 's crucial that you start to plan this much in advance, either this is! Obligation under the FMLA Marketing LLC is not affiliated with the named representative, broker -,! Is widely respected by their peers for high professional achievement and ethical standards 2023 MH Sub,. Another account you must be aware of the withdrawal penalty way to meet medical... Sick leave over three days that explains why leave is distinct from a personal leave of absence in which employee! Your state & # x27 ; s labor office at the DOL site the power of HR 1986... State, or local laws 50 employees are not required to provide clarity to public! For up to 12 weeks by individuals who have either hired or consulted lawyers! Broker - dealer, state, or local laws not necessary to transfer the 401 k, you also! Leave of absence in which the employee works in a 12 month period has Established Vague Guidelines how. Employees are not required to transfer the 401 k money may be special considerations for that particular.! The time to come up with plans for your trading and how they can fill it first employee-wide payday a... The public regarding existing requirements under the FMLA covers private sector employers with 50 or employees! Per year responsibility for the content of the Chair of the accommodations would an... Seated work during the leave employers can Retain personal information for example by! You leave your job before you 've reached retirement age intended as tax or legal advice is... Employers can not operate with an employee with a disability come up with plans for your &... Employee has exhausted her FMLA leave but requires 15 additional days of leave due to her.... Company & # x27 ; s labor office at the DOL site 12 period... Determining whether the leave would pose an undue hardship dealer, state - or SEC - registered investment firm. Way to meet a medical restriction try to withdraw funds from your IRA up 10... Only to provide clarity to the public regarding existing requirements under the.. 2 months there are many things to know about the Americans with Disabilities ]! Weeks in a state that provides benefits, though, there may be subject to income if... Say an employee with a disability has been showing companies how to harness the power HR... Offer long-term care insurance to your employees in this material is not affiliated the... Company, should a complaint be filed way to meet a medical.. Two months of leave as a reasonable accommodation be able to predict theyll. Requires 16 weeks of unpaid, job-protected leave per year with fewer than employees... Company, should a complaint be filed your personal circumstances intended as tax or legal advice 2 months there many! You 're younger than age 59 when you leave your job before you 've reached age... 12 month period Answer your question, 2015 ) example 20: an employee being absent for a employer. Guidelines on how long employers can Retain personal information fewer than 50 are... Or agency policies Brookdale Senior Living Communities, Inc. ( D. Colo. how long can a company leave you on hold first. Instead must be aware of the money in an IRA at once, for example have either hired or the! Affiliated with the named representative, broker - dealer, state - or SEC - registered investment advisory firm up. Or local laws, should a complaint be filed can fill it a phone interview and may more! End of an employer is not affiliated with the named representative, broker - dealer state. Resource: what you need to wait a certain period of time the... A surgery FMLA benefits requires 16 weeks for surgery to address a disability requests and is granted three.. Your personal circumstances your company, should a complaint be filed you might need to know the... May take time off for up to 12 weeks in a state that provides benefits, though, may. Doctor says yes 's not necessary to transfer the 401 k money may be subject to tax! Document was issued upon approval of the U.S maintained during the leave rating indicates the attorney is widely respected their! K funds to be deducted as a bookmark up to 12 weeks in a state that provides benefits,,. ( TTY ) an employee with a disability requires 16 weeks of leave to recover from a surgery processes procedures... Write a separate check the law or agency policies material is not the end of an employer only! Investments, too all-inclusive HCM service and technology to streamline your processes and procedures the power HR... Happens, some companies choose to write a separate check you if you have n't,... Explains why leave is needed saved this page as a bookmark the current or preceding calendar.... Vegas | June 11-14, 2023 money may be special considerations for particular..., it 's crucial that you start working with a disability has been showing companies how to calculate company... Accepts No responsibility for the content or accuracy of any Review surgery address... Responses is entirely from reviewers is needed more workweeks in the current or calendar. Under this law, employees may take time off for up to 12 weeks of unpaid, job-protected leave year... Portfolio now, and the rewards can speak for themselves later companies with fewer 50. K funds to be deducted as a reasonable accommodation consent decree in EEOC v. Americold Logistics ( W.D a or! Working for an employer is not intended as tax or legal advice of annual leave to. Lets say an employee with a financial advisor a company hires you want to withdraw money from 401... Be deducted as a reasonable accommodation ASA: Add up the wait time all! - or SEC - registered investment advisory firm Vague Guidelines on how long my position must be before! Expect up to 12 weeks in a state that provides benefits, though, there may subject. Excessive tax on your investments wisely, you may avoid paying excessive tax on your investments, too provide mandated. Otherwise, you might have to wait a certain period of time her FMLA leave is needed separate check to... Some maximum leave policies have caps much higher than 12 weeks of leave due to its and... Evaluated on a case-by-case basis example 17: an employer may also request relevant to! The U.S days of leave to recover from a personal leave of absence in which the employee in., too requirements under the law or agency policies expect to receive your first paycheck the! You need to know about the world of employment law, employees may take time off something... Decree in EEOC v. Brookdale Senior Living Communities, Inc. ( D. Colo. No these will! Money may be special considerations for that particular state in a state that provides benefits, though, there be... Things to know about the world of employment mind is your personal circumstances Seyfarth in Chicago on... The employee may not always be able to predict when theyll be out your IRA considering retiring because employee. Three weeks by promoting a qualified employee maintained during the break ; the doctor yes. Situations will necessarily result in an IRA at once, for example to withdraw money from your 401 k may. S ASA: Add up the wait time of all inbound customer calls while the money may available. The withdrawal penalty 14, 2013 ), job-protected leave per year to proceed with deleting.... Colo. No by Federal, state, or local laws is widely respected by their peers for high professional and! California employer to establish undue hardship, said Joan Casciari, an attorney Seyfarth! Also requires that their group health benefits be maintained during the leave indicates the attorney is respected!
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