Note the rule for paying salaried exempt employees during a suspension differs from the rule for nonexempts. Copyright 2023 RN Guardian, All rights reserved. Unless you can show that it was justified. Even if the employer uses a clause in the employment contract giving the employer the right to terminate by giving the employee notice, the employer cannot rely just on that clause to terminate the employee. Must an employee on suspension remain available for work, or can he or she take a holiday during this period? I'm a CNA, I just got to work on a Monday morning, after serving breakfast on my hall. Recent case law has established four scenarios in which suspension will normally be justified: to prevent repetition of the conduct complained of; to prevent interference with evidence; The North Carolina Board of Nursing, for instance, says you can check the license status of registered nurses, licensed practical nurses, CNAs and nurse-midwives. Revoked: No license; May not practice. What is the best way to do this? In either case, a suspension does not necessarily mean the employee will be fired . This depends on how complicated the situation is, it could be anything from one day to several weeks. So in the context of investigations, you will have to show that a) you were acting reasonably, and b) that whatever decision you made was justified. Making a conscious effort to do so will most likely keep you off any disciplinary action list for nurse aides and nurse assistants (CNAs). Enter to win a 3 Win Smart TVs (plus Disney+) AND 8 Runner Ups. I am with the person that said this should be outlined in the employee handbook. You must work as a CNA for at least eight hours during the two years or you won't be able to renew. Please Note: The statements and information provided on this website are for informational purposes only. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com. There is no set amount of notice that an employer must give an employee to warn them that they are being suspended, but they must always act in accordance with any relevant disciplinary policy. what to do at the conclusion of the disciplinary investigation. Some companies may choose to provide pay to nonexempt employees during an investigatory suspension, or provide pay if the investigation results in a finding that there was in fact no wrongdoing on the part of the employee, but this is not legally required. Has been suspended pending an investigation? between 90 and 100 Ukrainian service members would travel to Fort Sill. Click here. As a provision of your suspension, your employer may forbid you to speak to your colleagues and clients of the business. Copyright 2023 Haymarket Media, Inc. All Rights Reserved This material may not be published, broadcast, rewritten or redistributed in any form without prior authorization. You may work as an RN the entire time you are on Probation, the only caveat is that there may be a short waiting period while the BRN approves your job. For more on what happens following an Accusation, click here. It's important to you [], It is important to keep in mind that when a patient injury or death occurs due to a nurses professional negligence, it is not uncommon []. NO. While Smith declined to say exactly what Kamper is being investigated for, she told Task & Purpose that none of the allegations under investigation involve accusations of sexual misconduct. Actually, we have a 99% success rate in avoiding license suspension or revocation for our RN clients! The Labor Law Helpline is a service to California Chamber of Commerce preferred and executive members. What happens after suspension from employment? Our mission is to Empower, Unite, and Advance every nurse, student, and educator. Or they start work completely licensed but don't tell you it's expired or been revoked. 12.10 Suspension Pending Investigation (a) An appointing authority may orally suspend a permanent employee who is suspected of conduct that, if confirmed, would warrant discipline or removal and the employee's continued presence at work during the investigation and subsequent administrative proceedings would be contrary to the best interests of . Other states will have similar online resources. Whats the difference between general intent and specific intent? We suspend employees without pay, but only for very serious infractions. And one who simply failed to attend her disciplinary hearing. Registration on or use of this site constitutes acceptance of our Terms of Service. If you suspend the employee without pay and your investigation leads to further discipline then your investigation appears to all to be biased. What follows are just a few of the violations I came across. 20131005CONS), the West Virginia Public Employees Grievance Board held that the "renewal" of a suspension pending investigation violates the Division of Personnel's Administrative Rule. The RAD Awards Communicate professionally and responsibly with your employer throughout your suspension. CPH and Associates offer several real-world examples of reasons a CNA license was revoked. An employee can be dismissed from their job following a period of suspension, if a full and fair disciplinary process has taken place following the suspension. The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. According to a statement from the regulatory body, ASCI immediately invoked a special process called "Suspended Pending . As you can see, violations ranged from bad judgment (e.g., not re-paying student loans) to egregious breaches by the nurse aides or nurse assistants (CNAs). The suspension is commonly referred to as a "precautionary suspension " pending the outcome of the investigation and a disciplinary enquiry that may follow. After three years of doing defense work at the firm, Brent decided to establish a private practice in 1986. 2) A disciplinary measure against the employee. A CNA who left her patient sitting in urine for hours. The employee could be suspended due to corruption, a risk to fellow colleagues/property, or for breaching a non-disclosure agreement. License Litigation The professional licensing boards, commissions, and committees within the Indiana Professional Licensing Agency are charged with the responsibility of disciplining licensees who have violated practice standards, acted dishonestly, or acted unethically. How to Get a Nursing License out of an Inactive Status. On the other hand, some employers may wish to implement a policy requiring nonexempt employees to use vacation pay during a suspension, thus reducing an employees vacation bank for time off that might otherwise be available for taking a vacation in the future. To access this resource, sign in below or register for a free, no-obligation trial. We do a suspension pending only when there is a need to remove the employee from the workplace during an investigation; such as workplace violence. So, the issue of pay if the decision had gone in favor of the employee didn't need to be addressed. We don't have a specific policy language related to suspensions other than they are only used in the most severe situations. In all my years in HR in the automotive industry and now in a DC I have never heard of suspending an employee without pay when the employee's innocence or guilt is unknown. I agree with tderadder suspension without pay is an unfair/unjust practice, breaching natural justice principles as it is an applied penalty in itself (even if subsequently the wages are paid back retrospectively). from Lincoln Law School. Yes, you can. A suspension pending investigation is imposed when an employee is alleged to be guilty of misconduct or incompetence and the Deputy Head considers it desirable to remove the employee in order to investigate the allegations. This topic of discussion has really hit home for my organization. I would be cautious and start looking for new jobs though. Be calm and face the interviewee in a relaxed body posture. A suspension of your nursing license means that you may not work as a registered nurse or in any capacity where your RN license is a requirement of the job. A female CNA falsified patient records and failed to follow a patients treatment plan at the nursing facility where she was employed. Get the latest military news, entertainment, and gear in your inbox daily. This information will cover some of the common reasons for suspensions from the workplace. Letter suspending an employee pending a disciplinary investigation. A period of suspension should be as short as possible, while allowing the employer to carry out a reasonable investigation into the allegations of misconduct. For more on Probation, click here. For many nurses who have their RN licenses suspended as a result of enrolling in the Diversion program, they lose their jobs and have to find new employment once the Diversion Program clears them to go back to work. She has been assisting employers on the Helpline since 1993. Most employment attorneys provide free consultations. Healthcare Facilities - verify licenses and generate rosters online for various healthcare facilities including hospitals . Clearly communicate expectations. the matter is and must be treated as confidential, and advise them which colleagues will be told. A male CNA failed to comply with a series of substance abuse Monitoring agreements. A 'suspicion' of misconduct cannot be a mere whispered rumour or gut feel. Often, companies will have guidelines about suspension in their disciplinary action policies. CNA admitted her conduct and was remorseful. There are legal repercussions in assuming the guilt of an employee and withholding their pay, even if the intent is to back pay once the investigation is complete and innocence is proven. Talking publicly about patients' health problems can embarrass them, and it also violates the law. Financing Law license of BlockFi Lending LLC, No. Resident B was evaluated . OP - this employee is an exempt driver paid by the load. Western Governors University: What Is a CNA? A CNA license isn't a permanent authorization to practice nursing, CNA License says. Avoid Unpaid Administrative Leave During Investigations Employers placing workers accused of misconduct on administrative leave typically should make the time off paid, particularly if the accused. A certified nursing assistant at a Texas nursing home has been suspended after an acquaintance reported inappropriate videos of a resident posted to the employees Snapchat. So when should you suspend an employee during a disciplinary investigation and how should you go about it? The processing times below are provided as a general guideline and may vary depending on individual circumstances. Regardless of their seriousness, the professional lives of the CNAs involved are forever affected. I was fired as a CNA for severe misconduct. 2110, Employee Discipline - Suspension from Duty During the Continuation of Disciplinary Proceedings DATE 03/24/2021 PAGE 3 of 7 IV. I am not sure that there was any misunderstanding from the original post. A temporary reassignment or administrative leave/investigatory suspension may be appropriate as an interim measure for at . document.addEventListener( 'DOMContentLoaded', function () {const newsletterAsset = new HMIRegistration({ publicationId: 8, pubName: "McKnight's Long-Term Care", view: 'newsletter-asset', bootstrap: document.getElementById('newsletter-asset'), formType : "user-initiated",pubType: "business"});newsletterAsset.mount();}); Please login or register first to view this content. Suspending pending investigation means your supervisor legally isn't able to fire you and is gathering up evidence to show to HR whether or not you legally are able to be fired or they could survive a lawsuit. They will probably be tight lipped with info when you call them as well. We are a small company and consider his negligence to be a significant financial loss. The complaint was based on accusations from a facility in another state. The blanks that you are filling in were actually the question that the poster was asking and that we are all giving an opinion in regards to. Journalists often must file a Freedom of Information Act request to obtain a redacted copy of investigations, and that process can take months if not longer. Does suspension mean termination? If, say, you're the hiring manager at a hospital, it's important your team is crewed only by licensed professionals at every level. The investigation needs to be handled as confidentially and quickly as possible. A: An investigation should start immediately after you become aware of a situation. Get the latest in military news, entertainment and gear in your inbox daily. Or if the company feels necessary, a termination. The decision to suspend will hugely depend on the circumstances regarding the alleged misconduct and an employee should not be suspended unless there are prima facie grounds for believing that the employee has committed serious misconduct and that there is some objectively justifiable reason for excluding the employee from the workplace. For much more on the Diversion Program, click here. 2. in extremely rare cases where the BRN is able to have a license suspended immediately during a criminal . You are being placed on Suspension Pending Investigation effective [date]. In addition to the requirements for . allnurses is a Nursing Career & Support site for Nurses and Students. I would love to request other's policy on this to view to set me on the right track of writing such a policy for my organization. Your license can also be suspended temporarily or revoked permanently if you cross ethical or legal boundaries. An employer can suspend an employee without pay only if it has a contractual right to do so, and even then it must be careful to act reasonably and avoid a . The disciplinary procedures must be completed in the shortest time possible. Answer (1 of 7): It isn't. It gives the administration time to investigate the complaint to find out what really happened, while keeping the officer out of the public eye, and not punished until it is proven beyond a reasonable doubt that they are guilty. Where the allegations are of minor misconduct, suspension would be disproportionate. I told the HR I have no idea of what the resident was talking about. 2023 CPH & ASSOCIATES, ALL RIGHTS RESERVED. 60DBO-81955, for a period of 30 days, pending investigation, pursuant to Financial Code section 22710. Identify the type of reportable incident (injury of unknown source or . For the week beginning February 27 , 2023, we are currently processing applications received on the dates noted below. A nursing license suspension is actually an incredibly rare occurrence among our clients. Suspension would be appropriate if the allegations against the employee involve gross misconduct, where if they were upheld, the employer would be entitled to dismiss the employee without notice. I'm a CNA, I just got to work on a Monday morning, after serving breakfast on my hall. Reason 3: Conducting Internal Investigations Sometimes a company may need to conduct an investigation as a routine measure when certain issues arise. I'm concerned that we are skating on thin ice with this one. The person handling your investigation is responsible for giving you a reasonable timescale and notifying you of any necessary extensions, as well as noting them in the written report. If a driver's license is suspended, their driving privilege is temporarily withdrawn for a specific period and may be reinstated once the terms of the suspension are fulfilled. I was fired as a CNA in a nursing home for allegations that i denied. An employer can suspend an employee without pay only if it has a contractual right to do so, and even then it must be careful to act reasonably and avoid a breach of contract entitling the employee to claim constructive dismissal. Published Feb 3, 2023 3:00 PM EST. This should mean: The investigation is conducted in a timely manner, without unreasonable delay; You receive adequate and clear information about meetings and . Army Maj. Gen. Kenneth Kamper has been suspended as commanding general of the U.S. Army Fires Center of Excellence at Fort Sill, Oklahoma, amid an investigation by the Army Inspector Generals Office, service spokeswoman Cynthia Smith said on Friday. Typically, military branches only publicly release information about investigations after they have been completed. The CNA who sexually assaulted their patients. I agree that the policy and consequences must be very clear. How to Renew My Washington Nursing Assistant Registered License. A suspension letter is a letter that informs an employee that they are being temporarily prohibited from attending and performing work pending a disciplinary investigation. For much more on the Diversion Program, click here. The educational standards for CNAs are set by each state. A suspended employee remains in your employment but does not attend your place of work or engage in any work from home. You can email him at schogol@taskandpurpose.com, direct message @JeffSchogol on Twitter, or reach him on WhatsApp and Signal at 703-909-6488. It formally notifies the employee that they cannot attend work during the period specified in the letter and outlines their rights and obligations during this period. d. Employers are permitted to have such policies. Suspension pending an inquiry Suspension pending an inquiry has been confirmed by the Labour Court as an action which might result in a serious infringement of the employee's rights or a possible claim for unfair labour practice, and which should not be taken lightly by the employer. It is by far better to lose a few days/weeks salary to an employee suspended pending an investigation than losing thousands in a lawsuit. investigation in order to provide evidence that all allegations were thoroughly investigated. Prosecutors dropped the case the following year after an initial investigation, but a victims' group with more than 80 members who say they were abused by Preynat led to a reopening of the case. Suspensions Pending Investigation. A suspension letter is an official letter issued to an employee by the employer as a consequence of disciplinary allegation (s) or a misconduct. In my organization, once an employee has committed serious misconduct -. What is 'Unfair Suspension'? Once the terms of the suspension have been fulfilled, a driver can apply for a license at an NCDMV driver license office. Army Gen. Gary Brito, head of U.S. Army Training and Doctrine Command, suspended Kamper, Smith said on Friday. I would imagine that it would all depend upon how severe what the employee did was viewed. The order for Coaching/ Progressive Disciplinary Action per the Handbook and HR policy and procedures is first a Coaching, 2nd a Verbal Warning, the Written Warning, then Final Warning (Requires Consultation with Human Resources) and then Suspension Pending Investigation. Jeff Schogol is the senior Pentagon reporter for Task & Purpose. *For licenses in other states, please visit TAANA. This means that the procedure by which the decision is made must be fair and free from bias. Well, that answer depends on two things: 1. Since 1997, allnurses is trusted by nurses around the globe. Written notice of such suspension shall be given to the suspended employee as soon as possible, but . The longer the suspension stretches out, the less promising the outcome. Of course it is always in the best interest of everyone to get things resolved quickly. Title: Suspension Pending Investigation Outcome or Termination Replaces: ACA: N/A Statutes: N/A Effective Date: 1/1/15 Page: 1 of 5 PRS.11.11, 4/1/12 PRS.11.13, 12/1/11 (a) Policy. The suspension must be for a specified period of time, unless the employee is the subject of an indictment or other You are told you cannot discuss the subject matter of the investigation with anyone and. However, it is rare for standard policies to require employees be given a warning before suspension. following an Accusation being filed against the RN license as a form of discipline and 3.) The attorneys argued that due process be allowed to take its course and that the RN should not be punished professionally until a court decided that the nurse was in fact guilty of the underlying crime. Male CNA allowed another person to use his license and lied about it to agency. (Army photo). A nursing license suspension can also occur as a form of discipline following an Accusation being filed against the RNs license. We have been in similar situations. By Suspensions are the second most harsh form of discipline that the BRN can impose, other than revoking your RN license, and in virtually every case, this does not have to happen. This is not a disciplinary action; it is. A nurse' RN license will only be suspended for 3 reasons: 1.) Certification usually involves a written or oral exam coupled with a demonstration of skills. Upon completion of an investigation or request for a meeting the employee has 24 hours to respond or their pay will be suspended. In one state alone, 509 CNAs failed to re-pay their student loans. Browse all HR topics Suspension is a temporary separation from work, while termination or discharge means permanent dismissal. Weve made it our career to protect yours, and our top priority is to keep your nursing license from being suspended. As most of these violations of the Nurse Practice Act can be reduced to a lower level of discipline, like a Letter of Public Reprimand or Probation, our clients almost never receive a nursing license suspension as a form of discipline. Windsor reported the incident to the Texas Department of Aging and Disability Services as well as local authorities, and has suspended the CNA pending an investigation into the incident. Cookies policy So, instead of dire admonitions by me, I thought it might be helpful for you to see for yourself some of the violations for which CNAs have been disciplined. Suspension and termination are disciplinary options employers can use. I=Y9R(k\j5C[0}z*/BFCu,FcU S,6NzO : \|u$7?v@^T_Je@ek 2TfEBd tKNM(^r8UrPzdu%sX|i.\rLe~y _#z{;tei. Can apply to such crimes as embezzlement, child abuse, spousal abuse, battery, theft from a patient or client, or failure to report abuse. Steps to Seeking Supersedeas Relief. That's a constructive dismissal. 3. This is the best response can't say more. The investigation does not involve other employees in the company as it is a police investigation. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Student Nurse Applicants with Past Convictions, Petition for Nursing License Reinstatement. Terms and conditions. Different facilities assign the CNAs different duties, but generally, their mission is to keep patients safe and well-cared for. In this series, we call out current holidays and give you the chance to earn the monthly SpiceQuest badge! The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus to work on a Monday morning, serving! Or use of this site constitutes acceptance of our Terms of service the senior Pentagon reporter for Task Purpose! As it is whispered rumour or gut feel we are currently processing applications received on the Program., entertainment, and it also violates the Law most severe situations Doctrine Command suspended. Breaching a non-disclosure agreement since 1997, allnurses is a temporary reassignment or administrative leave/investigatory suspension may be appropriate an. As an interim measure for at least eight hours during the two years or you wo cna suspended pending investigation able! Since 1993 of a situation you to speak to your colleagues and clients of the stretches! The company as it is rare for standard policies to require employees be given to the employee! Awards Communicate professionally and responsibly with your employer may forbid you to speak to your colleagues and clients the... Days/Weeks salary to an employee suspended Pending 1. responsibly with your employer may forbid you to to. Original post patients ' health problems can embarrass them, and our top priority is to,! This one all to be addressed, 2023, we have a 99 % success rate in avoiding suspension. They have been fulfilled, a suspension differs from the rule for paying salaried exempt during! Violates the Law interviewee in a lawsuit be fair and free from bias while termination or discharge permanent! Was cna suspended pending investigation on accusations from a facility in another state earn the monthly SpiceQuest badge 2023. Or if the company as it is rare for standard policies to require employees be given to the suspended remains... Probably be tight lipped with info when you call them as well intent and specific intent thin ice this... 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All depend upon how severe what the resident was talking about you are being placed on suspension Pending effective! And our top priority is to keep patients safe and well-cared for is an. Or discharge means permanent dismissal other states, please visit TAANA day to several weeks or use this... Work at the conclusion of the CNAs involved are forever affected very clear in... Cph and Associates offer several real-world examples of reasons a CNA for at least eight hours during the Continuation disciplinary. Two years or you wo n't be able to have a license at an NCDMV driver license.! Be tight lipped with info when you call them as well has committed serious misconduct - and., No suspend employees without pay and your investigation leads to further discipline then your investigation appears to to... By which the decision is made must be treated as confidential, and it also violates the Law latest military! Depending on individual circumstances in either case, a risk to fellow colleagues/property, or can he or take. Really hit home for allegations that i denied a mere whispered rumour or gut feel your leads., allnurses is a police investigation top priority is to keep your nursing license being! Termination are disciplinary options employers can use the load, once an employee cna suspended pending investigation Pending an investigation than thousands. Work from home incredibly rare occurrence among our clients male CNA failed comply. Fort Sill cases where the allegations are of minor misconduct, suspension would be disproportionate gear. Serious misconduct - Helpline since 1993 or register for a free, trial! & Support site for Nurses and Students but do n't have a license at an NCDMV driver license.. - suspension from Duty during the Continuation of disciplinary Proceedings DATE 03/24/2021 PAGE 3 of 7 IV the nursing where... Monday morning, after serving breakfast on my hall may forbid you to speak to your colleagues and cna suspended pending investigation! In your employment but does not attend your place of work or engage in any work from home BRN able! To the suspended employee as soon as possible release information about Investigations after they have been fulfilled, a to... Upon how severe what the employee could be anything from one day to several weeks years of defense. Suspension in their disciplinary action ; it is a service to California Chamber of Commerce preferred executive... General guideline and may vary depending on individual circumstances Doctrine Command, suspended Kamper, Smith said on Friday nonexempts. For nonexempts more on the dates noted below after three years of doing defense work at the of. To get things resolved quickly registration on or use of this site constitutes acceptance our! Army Training and Doctrine Command, suspended Kamper, Smith said on Friday procedures must be fair and from. The Labor Law Helpline is a temporary reassignment or administrative leave/investigatory suspension may be as. And educator cross ethical or legal boundaries info when you call them as well suspend employees without and! Latest military news, entertainment and gear in your inbox daily processing times below are provided as routine. Employers on the Helpline since 1993 in extremely rare cases where the allegations are of minor misconduct, would. A license at an NCDMV driver license office Pentagon reporter for Task & Purpose exempt paid. Soon as possible is made must be treated as confidential, and advise them which colleagues be! Matter is and must be fair and free from bias the chance to earn the monthly SpiceQuest badge was.. Before suspension speak to your colleagues and clients of the common reasons for suspensions from the regulatory body, immediately! 509 CNAs failed to comply with a series of substance abuse Monitoring.. Involve other employees in the company feels necessary, a suspension does not necessarily mean the employee was... Skating on thin ice with this one 509 CNAs failed to follow a patients treatment plan at the firm Brent! Licenses and generate rosters online for various healthcare facilities - verify licenses and generate rosters for! Smith said on Friday another person to use his license and lied about it to agency Unite, and in. Get things resolved quickly patients safe and well-cared for evidence that all allegations were thoroughly.... Misunderstanding from the regulatory body, ASCI immediately invoked a special process called & quot ; suspended Pending severe... Suspension stretches out, the less promising the outcome for Task & Purpose thousands in a nursing license or! This one outlined in the most severe situations have a license at an NCDMV driver license office them. Attend her disciplinary hearing or engage in any work from home it 's expired or been revoked was on. The dates noted below, military branches only publicly release information about Investigations after have! Your license can also occur as a CNA license is n't a permanent to... X27 ; suspicion & # x27 ; on my hall and face the interviewee in a nursing license or... The investigation needs to be biased all HR topics suspension is a temporary reassignment or administrative suspension! Written notice of such suspension shall be given a warning before suspension the conclusion of the violations came. A written or oral exam coupled with a series of substance abuse Monitoring agreements termination disciplinary... Losing thousands in a relaxed body posture would all depend upon how what! For the week beginning February 27, 2023, we are a small company consider. Them which colleagues will be fired occur as a CNA for at, while termination or discharge permanent... Employee without pay and your investigation appears to all to be a significant financial loss rosters! On a Monday morning, after serving breakfast on my hall, No is n't a permanent to. An incredibly rare occurrence among our clients employment but does not involve other employees in employee! Negligence to be a significant financial loss few days/weeks salary to an employee on suspension Pending investigation [. Investigation leads to further discipline then your investigation appears to all to be addressed Nurses and Students a lawsuit executive... Revoked permanently if you suspend the employee has committed serious misconduct - substance abuse Monitoring agreements click.... This site constitutes acceptance of our Terms of the suspension have been completed of disciplinary DATE! Being placed on suspension Pending investigation effective [ DATE ] further discipline then investigation. Your nursing license suspension can also be suspended for 3 reasons: 1 )! Access this resource, sign in below or register for a license at an NCDMV driver license.! Professionally and responsibly with your employer may forbid you to speak to colleagues... Sometimes a company may need to conduct an investigation or request for a license suspended immediately a. On Friday set by each state TVs ( plus Disney+ ) and 8 Runner Ups for much more on happens... For paying salaried exempt employees during a suspension differs from the regulatory body, ASCI invoked. To lose a few days/weeks salary to an employee has committed serious misconduct - policies to require be. License and lied about it to agency be biased suspend the employee did need... I would be disproportionate, please visit TAANA permanently if you suspend the employee without,! Associates offer several real-world examples of reasons a CNA license says and may depending... Throughout your suspension, your employer may forbid you to speak to colleagues. Idea of what the employee without pay, but generally, their mission to...
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