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05mommy09
Family of 5!
Member since 5/05 15364 total posts
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<3 Mommy <3
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Jury duty-?
So last week (while I was away) I rec'd a summons for jury duty...
Im to begin calling on Fri 1/30-Sun 2/1 to see if I will sit in on Mon 2/2.
Well- today I mention this to my boss, and she snaps at my telling me I can not go, and I need to postpone it. I reply telling her I was excused while preggo with my son (3yrs ago) because they wanted me to serve very close to my due date (I was unsure if Id be in labor or not), and I was unsure if postponing it was even an option at this time.
She then responded with "my DH has been dodging them for years- find a way. You were just on vacation for a week YOU ARE NOT GOING!"
I then say "even if I postpone it, I will be called again and will have to worry about what to do with my 2 children (1- who will be nursing at the time, as well as my older one)"
she responded with "its not my problem. They aren't going to pay you, and Im not obligated to pay you"
So I leave work all muffled on what to do...I go home and read my summons, and it states I may postpone it- however will have to reschedule for 2-6 months- in which that time I will be having another baby via c-section and then be on disability...
Basically I cant postpone it... Now works better than later. I also read that by LAW she has to pay me for up to 3 days, and according to my WORK AGREEMENT she has to pay me for 5 days.
I call her after all this, trying to give her as much notice as possible. She abruptly says she is not talking about this and hangs up...
PS- now what do I do? Does she have the right to make me postpone? Can she really not pay me and hold this against me???
I plan to copy my summons, as well as the law and my employment agreement and just leave it on her desk tomorrow, but I think its really unfair that she is giving me a hard time about this. I have no desire to go...KWIM??
Help!
Message edited 1/20/2009 6:05:23 PM.
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Posted 1/20/09 6:01 PM  |
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CoachC
LIF Infant
Member since 8/08 275 total posts
Name:
Kerri
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Re: Jury duty-?
She should not be giving you a hard time. Legally you are excused from work to serve and must be paid by your employer up to a certain amount. That stinks that she's giving you such a hard time. Gov't wins.
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| Posted 1/20/09 6:23 PM |
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Erica
LIF Adult
Member since 5/05 11767 total posts
Name:
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Re: Jury duty-?
is it suffolk county?
usually I love jury duty, but when I was doing my internship with a 7 month old, it was bad timing...I had a high number, so I decided to wait it out. I called each day and my number wasnt called...but if it had been - there was an option to postpone it on the phone. If they don't call you - you are good for 4 years..if they do...postpone it until a few weeks after your due date and if you are called again - you can mail in the birth certificate and be excused without going in (I beleive)
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| Posted 1/20/09 6:24 PM |
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MrsRJP
Happy Spring!!!
Member since 12/07 2151 total posts
Name:
Rena Marie
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Re: Jury duty-?
You can also explain to your boss that if you don't go you can be carted off to jail. What would she do if that happens? She has no one to do your job then. If you are going to have another c-section and be out again on leave can you try to put it like a month after the birth if she will not cooperate.
I think she is being quite unfair and you can not lose your job because of it. She can get in major trouble.
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| Posted 1/20/09 7:52 PM |
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JenBenMen
party of five
Member since 9/06 11343 total posts
Name:
Jen
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Re: Jury duty-?
Posted by CoachC
She should not be giving you a hard time. Legally you are excused from work to serve and must be paid by your employer up to a certain amount. That stinks that she's giving you such a hard time. Gov't wins.
i agree...it is terrible she is doing this to u...when I was on JD this summer the 1st thing they told us was "govt before your boss"
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| Posted 1/20/09 7:53 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Whats annoying the cr@p out of me, is the "you just came back from vacation" remark...
Like Im asking to take personal time off or something....
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| Posted 1/20/09 8:01 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Posted by MrsRJP
You can also explain to your boss that if you don't go you can be carted off to jail. What would she do if that happens? She has no one to do your job then. If you are going to have another c-section and be out again on leave can you try to put it like a month after the birth if she will not cooperate.
I think she is being quite unfair and you can not lose your job because of it. She can get in major trouble.
She doesnt want me to ditch it, she wants me to postpone it...
AND that doesnt work for me... Id rather serve now, when I only have to worry about childcare for my 3yr old, who doesnt need ME to get nurishment vs. waiting and having to worry about 2 kids..
She doesnt care though, thats my problem not hers... Now doesnt work for her, so thats all that matters...
She's making me feel/treating mel like Im not being a team player for not postponing it...
Message edited 1/20/2009 8:04:10 PM.
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| Posted 1/20/09 8:03 PM |
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CallaLily
Thank you, Saint Gerard!
Member since 10/07 4937 total posts
Name:
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Re: Jury duty-?
She doesn't have the right to force you to postpone and she legally has to pay you. If she continues to harass you, I would take it to someone over her head.
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| Posted 1/20/09 8:10 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Posted by Renee615
She doesn't have the right to force you to postpone and she legally has to pay you. If she continues to harass you, I would take it to someone over her head.
She owns the company... so I have no one but I guess the gov't to go to
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| Posted 1/20/09 8:13 PM |
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MrsRJP
Happy Spring!!!
Member since 12/07 2151 total posts
Name:
Rena Marie
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Re: Jury duty-?
Posted by 05mommy09
Posted by MrsRJP
You can also explain to your boss that if you don't go you can be carted off to jail. What would she do if that happens? She has no one to do your job then. If you are going to have another c-section and be out again on leave can you try to put it like a month after the birth if she will not cooperate.
I think she is being quite unfair and you can not lose your job because of it. She can get in major trouble.
She doesnt want me to ditch it, she wants me to postpone it...
AND that doesnt work for me... Id rather serve now, when I only have to worry about childcare for my 3yr old, who doesnt need ME to get nurishment vs. waiting and having to worry about 2 kids..
She doesnt care though, thats my problem not hers... Now doesnt work for her, so thats all that matters...
She's making me feel/treating mel like Im not being a team player for not postponing it...
I think there is so many times you can postpone. i know in FL it is one time and you have to reschedule. I don't know about NY but I know you said you did it once already. I would explain this to her as you said it is not like you volunteered to take this JD. It sounds like you have all your bases covered so you can not get in trouble. I hope it works out so that you can serve this month. If any contact the Dept of Labor and see what they say becuase I saw you say she owns the company. They should be able to help you if it gets ugly. Keep us posted. 
Message edited 1/20/2009 8:21:35 PM.
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| Posted 1/20/09 8:18 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Posted by MrsRJP
Posted by 05mommy09
Posted by MrsRJP
You can also explain to your boss that if you don't go you can be carted off to jail. What would she do if that happens? She has no one to do your job then. If you are going to have another c-section and be out again on leave can you try to put it like a month after the birth if she will not cooperate.
I think she is being quite unfair and you can not lose your job because of it. She can get in major trouble.
She doesnt want me to ditch it, she wants me to postpone it...
AND that doesnt work for me... Id rather serve now, when I only have to worry about childcare for my 3yr old, who doesnt need ME to get nurishment vs. waiting and having to worry about 2 kids..
She doesnt care though, thats my problem not hers... Now doesnt work for her, so thats all that matters...
She's making me feel/treating mel like Im not being a team player for not postponing it...
I think there is so many times you can postpone. i know in FL it is one time and you have to reschedule. I don't know about NY. I would explain this to her as you said it is not like you volunteered to take this JD. It sounds like you have all your bases covered so you can not get in trouble. I hope it works out so that you can serve this month. If any contect the Dept of Labor and see what they say becuase I saw you say she own the company. They should be able to help you if it gets ugly. Keep us posted.
In NY you are allowed to postpone 1x- it has to be w/in 2-6 months of the original date...
Which either makes me very pregnant and ready to go into labor... or on disability recovering from major surgery (c-section) and nursing a newborn.
Im wondering if I postpone it and then use my nursing newborn and surgery as an excuse...
or if it would be "illegal" to reshecule for a time I knowingly couldnt serve...
(I obviously KNOW IM going to have a baby- KWIM?)
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| Posted 1/20/09 8:22 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Posted by MrsRJP
If any contact the Dept of Labor and see what they say becuase I saw you say she owns the company. They should be able to help you if it gets ugly. Keep us posted.
TBH- she is going to let me go...I think she is going to make me pay for it though...
By making me work extended hours, and not allowing me to take lunch breaks, not speaking with me, giving me an attitude... Petty cr@p like that to "get back at me"
and when review time comes, it'll be thrown in my face that I wasnt a team player...
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| Posted 1/20/09 8:24 PM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
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Re: Jury duty-?
I work in HR and deal with jury duty all the time, let me see if I can pull the link i use at work, from my home computer, it gives you all the details. If not I will FM you tomorrow from work with it.
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| Posted 1/20/09 8:50 PM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Jury duty-?
Link to nyjuror.gov site the jurors section
link to the employers handbook-rules your employer MUST follow in NY State
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| Posted 1/20/09 8:53 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
What if I postpone it for 2 weeks after my c-section (4 months from the current summons date)
Then when I get the "call" letter again, I file to be excused due to the birth of my son (who will be 2 weeks old and nursing) and due to the recovery of major surgery....
Or should I just call and get it over with???
Im more concerned with the "pay back" my boss will give me if I have to go...
She is in the process of buying another business and the day Im supposed to serve is the 1st day she is supposed to take ownership of the new school. So I understand why she is stressed (she wont be here to run this business- since she'll be at the new location, and therefore its imperative that Im here at this business) but its not like I have any control over this...???
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| Posted 1/21/09 7:33 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Thanks... I just want to understand...
My boss is only obligated to pay me $40 for each day Im there???
Thats a MAJOR paycut for me esp. when I factor in what the cost of childcare is...
Im so confused
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| Posted 1/21/09 7:45 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Jury duty-?
Posted by 05mommy09
Thanks... I just want to understand...
My boss is only obligated to pay me $40 for each day Im there???
Thats a MAJOR paycut for me esp. when I factor in what the cost of childcare is...
Im so confused
sorry but yes. and they are only required to pay you for the first 3 days. after that you apply and jury duty will then pay you $40 per day. the worst part is, if you don't serve and you just sit there, you are only good for 3 years, then they can call you again, and I'm not sure if they pay you. if you serve you are good for 7 years. You can apply and tell them that $40 a day will cause a HUGE hardship, but you will have to prove it, and they will clear you, but you can be pulled next year again.
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| Posted 1/21/09 10:21 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Jury duty-?
Posted by 05mommy09
What if I postpone it for 2 weeks after my c-section (4 months from the current summons date)
Then when I get the "call" letter again, I file to be excused due to the birth of my son (who will be 2 weeks old and nursing) and due to the recovery of major surgery....
Or should I just call and get it over with???
Im more concerned with the "pay back" my boss will give me if I have to go...
She is in the process of buying another business and the day Im supposed to serve is the 1st day she is supposed to take ownership of the new school. So I understand why she is stressed (she wont be here to run this business- since she'll be at the new location, and therefore its imperative that Im here at this business) but its not like I have any control over this...???
you can also apply for a waiver for this reason. they do allow stuff like this. call the # they are really informative. I was excused since I work for an accountant and i had already postponed once, and the 2nd date was durning tax season.
I'm not sure if you know this, but when you call to postpone, you actually select the date you want to serve. Its between todays date and 6 months from today, you type it in on the phone. But if you have postponed once you cannot do it through the automated system. You will need to call the other # listed to speak with someone.
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| Posted 1/21/09 10:24 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Posted by HeatherRose
Posted by 05mommy09
What if I postpone it for 2 weeks after my c-section (4 months from the current summons date)
Then when I get the "call" letter again, I file to be excused due to the birth of my son (who will be 2 weeks old and nursing) and due to the recovery of major surgery....
Or should I just call and get it over with???
Im more concerned with the "pay back" my boss will give me if I have to go...
She is in the process of buying another business and the day Im supposed to serve is the 1st day she is supposed to take ownership of the new school. So I understand why she is stressed (she wont be here to run this business- since she'll be at the new location, and therefore its imperative that Im here at this business) but its not like I have any control over this...???
you can also apply for a waiver for this reason. they do allow stuff like this. call the # they are really informative. I was excused since I work for an accountant and i had already postponed once, and the 2nd date was durning tax season.
I'm not sure if you know this, but when you call to postpone, you actually select the date you want to serve. Its between todays date and 6 months from today, you type it in on the phone. But if you have postponed once you cannot do it through the automated system. You will need to call the other # listed to speak with someone.
So if I postpone it for after my surgery and then apply to be excused (due to having a newborn and being on disabilty) then I would be ok????
Can I legally reschedule for a time, I know I can not make and will have to be excused???
Is having a breast fed 2 week old and being on disabilty for major surgery ( considered disabled for 8 weeks) going to get my excused?
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| Posted 1/21/09 10:41 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Jury duty-?
So if I postpone it for after my surgery and then apply to be excused (due to having a newborn and being on disabilty) then I would be ok????
Can I legally reschedule for a time, I know I can not make and will have to be excused???
Is having a breast fed 2 week old and being on disabilty for major surgery ( considered disabled for 8 weeks) going to get my excused?
okay i'm a little lost. when are you scheduled to call in?? lets start there
Message edited 1/21/2009 11:35:20 AM.
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| Posted 1/21/09 11:34 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Jury duty-?
The only thing the employer is REQUIRED to pay in this case is $40 dollars for the first three days.
The employer is not required to pay the OP her regular salary during jury duty. Many companies may elect to do this, but they aren't required to.
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| Posted 1/21/09 12:22 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Posted by HeatherRose
So if I postpone it for after my surgery and then apply to be excused (due to having a newborn and being on disabilty) then I would be ok????
Can I legally reschedule for a time, I know I can not make and will have to be excused???
Is having a breast fed 2 week old and being on disabilty for major surgery ( considered disabled for 8 weeks) going to get my excused?
okay i'm a little lost. when are you scheduled to call in?? lets start there
1/30 to serve 2/2
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| Posted 1/21/09 5:24 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: Jury duty-?
Posted by ave1024
The only thing the employer is REQUIRED to pay in this case is $40 dollars for the first three days.
The employer is not required to pay the OP her regular salary during jury duty. Many companies may elect to do this, but they aren't required to.
According to my employment agreement (w/ the company) she is...
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| Posted 1/21/09 5:24 PM |
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JessInCA
live laugh love
Member since 8/06 5082 total posts
Name:
Jess
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Re: Jury duty-?
Posted by 05mommy09
So if I postpone it for after my surgery and then apply to be excused (due to having a newborn and being on disabilty) then I would be ok????
Can I legally reschedule for a time, I know I can not make and will have to be excused???
Is having a breast fed 2 week old and being on disabilty for major surgery ( considered disabled for 8 weeks) going to get my excused?
I'm not in NY, but I do believe you CAN do that. You don't have to disclose your pregnancy to the jury people. And yes, having a 2-week old would excuse you.
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| Posted 1/21/09 6:28 PM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Jury duty-?
Posted by 05mommy09
Posted by HeatherRose
So if I postpone it for after my surgery and then apply to be excused (due to having a newborn and being on disabilty) then I would be ok????
Can I legally reschedule for a time, I know I can not make and will have to be excused???
Is having a breast fed 2 week old and being on disabilty for major surgery ( considered disabled for 8 weeks) going to get my excused?
okay i'm a little lost. when are you scheduled to call in?? lets start there
1/30 to serve 2/2
and if you postpone you can be called as soon as aug 2 if you postpone the 6 months allowed. if at that time you do in fact have a 2 week old baby you would be excused espically do to the fact that you are home and you are a "child care provider". At that point they put it off and try you again in a year, or sometimes more.
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| Posted 1/21/09 7:16 PM |
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