Employment Law Insights

HTW Law
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Employment Law Insights is your essential guide to navigating the complex workplace laws. Hosted by the team at HTW Law, this podcast breaks down the legal jargon surrounding wrongful dismissal, constructive dismissal, and severance packages. Beyond termination, we dive deep into the critical issues that define your work life—including workplace harassment, discrimination claims, defamation, and employment contract reviews. Whether you are an Ontario employee, a federal worker under the Canada Labour Code, or a union member, we provide the clear strategies you need to protect your rights.

Episodes

  1. FEB 11

    S01E12 - Can You Be Fired Without Warning - Understanding Termination for Cause

    Can your employer fire you immediately without severance? Only in very specific cases. This audio guide explains the concept of "Termination for Cause" and why it is reserved for only the most serious offenses, like theft or fraud.We answer common questions such as:Does a criminal charge outside of work justify firing?Do bad performance reviews count as misconduct?What happens if my employment contract has a bad termination clause?How can an employment lawyer help if you've been fired for cause?Don't guess about your rights. Listen now to understand the strategy behind the jargon.Learn More by reading the full article at https://www.htwlaw.ca/wrongful-dismissalContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475Tags:Can I be fired without notice, employment standards act Ontario, fired for misconduct, employment lawyer Toronto, HTW Law, severance pay rights, wrongful termination, job loss help, legal rights at work, firing laws Canada.#EmploymentLaw #WrongfulDismissal #OntarioLaw #HR #EmployeeRights #Severance #legaltips

    5 min

  2. FEB 9

    S01E11 - Is Your Employment Contract Void? The Post-Waksdale Reality

    In this deep dive, we explore the chaotic landscape of employment law in Ontario, specifically focusing on the enforceability of termination clauses in 2026. Based on legal insights from HTW Law, we break down how a series of watershed court rulings have made it nearly impossible for employers to draft "bulletproof" termination provisions. Topics Covered in This Audio:The Waksdale Effect: How Waksdale v. Swegon North America Inc. established that if any part of a termination provision violates the Employment Standards Act (ESA), the entire clause is void—even if the illegal part wasn't used. "Just Cause" vs. Wilful Misconduct: An analysis of Render v. ThyssenKrupp Elevator, which clarifies that common law "just cause" is not enough to deny ESA entitlements; the conduct must be "wilful misconduct," a standard bordering on criminal intent. The "Sole Discretion" Trap: Insights from the 2025 case Chan v. NYX Capital Corp., showing that phrases like "terminate at sole discretion" can invalidate a contract because they theoretically allow termination during protected leaves. Saving Provisions: Why courts in cases like Boyle v. Salesforce (2025) are rejecting "saving clauses" that attempt to fix illegal language after the fact, while Li v. Wayfair (2025) offers a glimmer of hope for specific drafting. The 2026 Outlook: Why recent rulings suggest that unless an employment contract is "flawless" in its ESA compliance, courts will default to common law reasonable notice.Don't guess about your rights. Listen now to understand the strategy behind the jargon.Learn More by reading the full article at https://www.htwlaw.ca/post/terminatio...Contact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfj Spotify Audio Podcast = https://open.spotify.com/show/1hXtx9h...Apple Podcast = https://podcasts.apple.com/us/podcast...#EmploymentLawOntario #WrongfulDismissal #TerminationClauses #WaksdaleVSwegon #SeverancePayCanada #ESAWilfulMisconduct #JustCauseTermination #RenderVThyssenKrupp #HRLawUpdate2026 #EmploymentStandardsAct #LegalDeepDive #ContractEnforceability

    4 min

  3. FEB 2

    S01E10 - Can You Sue Your Boss for a Bad Reference

    Video Overview: The High Stakes of Workplace Defamation & The Medical Evidence Gap. In this deep dive audio overview, we explore the complex world of defamation within employment law, based on legal resources from HTW Law. While many employees believe that "trash talking" or a bad reference is grounds for a lawsuit, the legal reality is much stricter. This discussion reveals a critical contradiction in the legal system: while the law technically states you don't need medical proof to show you suffered emotional distress from defamation, the courts almost always demand it to rule in your favor. In this episode, we cover: The Threshold: Why casual gossip doesn't count and how defamation requires intentional, public statements that cause measurable damage. The "Trap": The disconnect between the statutory lack of requirement for medical evidence and the practical "make-it-or-break-it" reality in court. Weaponized HR: How filing false disciplinary proceedings or trashing a professional reputation can be grounds for a suit. The Clock is Ticking: Why you must act immediately before your case becomes "statute barred" (too late to sue).Civil Litigation: How the process focuses on restitution and compensation rather than punishment. Don't guess about your rights. Listen now to understand the strategy behind the jargon. Learn More by reading the full article at https://www.htwlaw.ca/defamationContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475#EmploymentLaw #Defamation #WorkplaceRights #HTWLaw #CivilLitigation #Slander #Libel #ReputationManagement #TorontoLawyer #WrongfulTermination #LegalDeepDive #AudioOverview #BadReference #MedicalEvidence

    4 min

  4. FEB 2

    S01E09 - Quasi-Union Loophole - Why Banks & Airlines Can't Just Fire You

    Did you know that for thousands of Canadians, getting fired doesn't have to be the end of the story? In this Deep Dive audio overview, we explore a unique aspect of Canadian employment law that gives specific workers a "superpower": the legal right to demand their job back. In this video, we cover: The "Loophole": How the Canada Labour Code creates a "quasi-union" environment where non-unionized employees can force an employer to reinstate them with back pay. Who is Covered: This applies to federally regulated sectors, including banking (CIBC, RBC), telecommunications (Rogers, Bell), airlines (Air Canada), and inter-provincial trucking. Unjust Dismissal: Unlike provincial "wrongful dismissal" where employers just write a severance check, federal employers must prove "just cause" or follow progressive discipline (warnings, coaching) before firing you. The 90-Day Trap: The critical deadline you cannot miss if you want to file a complaint under Division XIV of the code. The "Growth" Trap: How a local trucking business can accidentally become federally regulated just by crossing a provincial border. This conversation is based on legal insights regarding the Canada Labour Code, specifically sections 240 to 247 regarding Unjust Dismissal. Don't guess about your rights. Listen now to understand the strategy behind the jargon. Learn More by reading the full article at https://www.htwlaw.ca/federally-regulated-employeeContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475#EmploymentLaw #CanadaLabourCode #UnjustDismissal #FederallyRegulated #CanadianLaw #WrongfulDismissal #JobSecurity #HTWLaw #DeepDive #HumanResources #LegalAdviceCanada #SeverancePay #Reinstatement

    5 min

  5. FEB 2

    S01E08 - The One Sentence That voids Your Entire Employment Contract

    Is the contract you signed actually enforceable? In this audio deep dive, we explore the "minefield" of modern employment law in Canada and Ontario. Courts have become incredibly strict, meaning that one bad sentence can render an entire contract void. In this video, we cover: The "All or Nothing" Termination Clause: We discuss the Waksdale v. Swegon case and the "just cause domino effect." If a termination clause allows firing without notice for something that isn't willful misconduct, the courts may strike down the entire termination framework—even the valid parts. This makes drafting enforceable clauses "more of an art than a science". The "Fresh" Consideration Trap: Did you sign your contract after you already started the job? We explain why "continued employment" is not valid consideration. If the contract isn't clearly linked to the initial offer letter, it might not hold up in court. Independent Contractor vs. Employee: We break down the "Duck Test" (substance over form). We look at how courts use factors like control, ownership of tools, and chance of profit/loss to spot "misclassification". If you are economically dependent on one company, you are likely an employee entitled to benefits, regardless of what your contract title says. The Impossible Standard: With recent decisions like Dufault and Baker, it is becoming nearly impossible to draft a termination clause that perfectly complies with the ESA. Don't guess about your rights. Listen now to understand the strategy behind the jargon.#EmploymentLaw #CanadianLaw #Waksdale #TerminationClause #IndependentContractor #SeverancePay #ESA #HRTips #WrongfulDismissal #ContractLaw #GigEconomy #EmployeeRightsLearn More by reading the full article at https://www.htwlaw.ca/employment-contractContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

    5 min

  6. FEB 2

    S01E07 - Business Inconvenience Is Not Undue Hardship

    Most people think "disability accommodation" just means installing a wheelchair ramp. But in Ontario employment law, the definition is much broader—and the obligations on employers are much stricter than most realize. In this deep dive audio overview, we break down the Disability Discrimination Ultimate Guide by HTW Law. We explore the critical legal difference between "business inconvenience" (which legally doesn't matter) and "undue hardship" (the only valid excuse for refusing accommodation).🔍 In this video, we cover: The "Inconvenience" Myth: Why a manager saying "this slows the team down" is often admitting to discrimination. Undue Hardship Defined: The three specific factors courts actually look at (Cost, Outside Funding, Health & Safety).Addiction as a Disability: An analysis of Entrop v. Imperial Oil and why perceived addiction protects employees just as much as a diagnosed history. Mental Health & Stress: The difference between standard management decisions (firing/demoting) and harassment that leads to WSIB chronic mental stress claims. The Legal Tests: Understanding the Meiorin test and how the burden of proof shifts to the employer. If you are an employee feeling targeted due to a medical condition, or an employer trying to navigate the Human Rights Code, this overview clarifies the high bar set for proving undue hardship.#EmploymentLaw #DisabilityRights #OntarioLaw #HumanRights #WorkplaceDiscrimination #DutyToAccommodateDon't guess about your rights. Listen now to understand the strategy behind the jargon. Learn More by reading the full article at https://www.htwlaw.ca/post/disability-discriminationContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

    5 min

  7. FEB 2

    S01E06 - When Toxic Management Becomes Illegal Harassment

    Thinking about quitting your job because of a toxic boss? Wait! You need to understand "Constructive Dismissal" first. In this deep dive overview, we break down the complex legal reality of workplace harassment in Ontario. Based on the "Workplace Harassment Ultimate Guide" by HTW Law, we explore the thin line between a stressful work environment and one that is legally actionable.🎧 What We Cover in This Video: Constructive Dismissal: Why walking out of your job might actually be considered "being fired" in the eyes of the law, and how unpaid wages or toxic environments play a role. The "Manager's Shield": We explain the Occupational Health and Safety Act (OHSA) and why "reasonable management action"—like strict deadlines or negative feedback—is not considered harassment, even if it stresses you out. OHSA vs. The Human Rights Code: Understand the critical difference between general workplace safety (OHSA) and discrimination based on protected grounds like race, gender, or disability (The Code).The "Poisoned Work Environment": Learn how a single egregious incident (like a racial slur) can bypass the standard harassment pattern and create immediate liability for an employer. Vexatious Conduct: The legal definition of harassment as a "course of vexatious comment or conduct" that is known to be unwelcome. Off-Duty Conduct: Does your boss's authority end when you leave the office? We discuss the Schrenk case and the "sufficient nexus" test.🔍 Key Legal Concepts: Subjective vs. Objective: Why your feelings matter, but the aggressor's actions must be objectively unwelcome. Strict Liability: Why employers can be held liable for a "poisoned environment" even if they didn't know it was happening. Don't guess about your rights. Listen now to understand the strategy behind the jargon. Learn More by reading the full article at https://www.htwlaw.ca/post/workplace-harassmentContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475#WorkplaceHarassment #ConstructiveDismissal #EmploymentLaw #ToxicWorkplace #OntarioLaw #HumanRights #OHSA #HTWLaw #ManagerShield

    6 min

  8. FEB 2

    S01E04 - When "Being Nice" is Illegal: Benevolent Discrimination & New 2025 HRTO Rules

    Think workplace discrimination always looks like a screaming boss or obvious insults? Think again. In this deep dive, we uncover the silent career-killer known as "Benevolent Discrimination"—where your employer's "kindness" might actually be a violation of your human rights. We analyze the latest legal insights from HTW Law to explain why the law focuses on the impact of actions rather than the intent, and why silence is the enemy of justice. In this video, we cover: The Trap of Kindness: Why a boss "helping" a pregnant woman by reducing her duties without asking can actually be discrimination. Family Status Stereotypes: The case of the married man passed over for a promotion because his boss "didn't want to take him away from his family". Ageism in Disguise: How being told a promotion is going to someone younger who will "be with the company for a long time" is a violation of rights. Major 2025 Legal Update: The Human Rights Tribunal of Ontario (HRTO) is launching a mandatory mediation process effective June 1, 2025. We explain why this shifts the legal strategy from "fight" to "negotiate" and why you need your evidence organized immediately. Key Takeaway: If something feels off, document it. Immediate action is required, especially under the new procedural rules.#EmploymentLaw #WorkplaceDiscrimination #HRTO #BenevolentDiscrimination #LegalRights #OntarioLawDon't guess about your rights. Listen now to understand the strategy behind the jargon. Learn More by reading the full article at https://www.htwlaw.ca/workplace-harassment-and-discriminationContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

    5 min

  9. FEB 2

    S01E05 - The Severance Pay Trap: ESA Minimums vs. Common Law Realities

    Are you leaving months of salary on the table? In this deep dive, we unpack the critical differences between the statutory minimums you are owed under the Employment Standards Act (ESA) and the often much higher entitlements available under Common Law in Ontario. Based on the "Severance Pay Ultimate Guide" by HTW Law, this discussion reveals why the first offer from your employer is rarely the best one. In this video, we cover: The "Floor vs. Ceiling" Concept: Understanding how the ESA provides a statutory minimum (the floor), while Common Law looks at your age, position, and the economy to determine your full "reasonable notice" (the ceiling).The Two Buckets of Money: Why "Severance" is actually a confusing term that legally splits into "Termination Pay" (for almost everyone) and "Severance Pay" (for 5+ year employees at large companies) under the ESA. The 7-Day Rule: Did you know termination pay must generally be paid within 7 days or on the next payday? We explain the timing rules. The "Just Cause" Trap: Why being fired "for cause" doesn't automatically mean you get zero dollars. We discuss the high threshold of "willful misconduct" versus simple incompetence. The Golden Rule: Why you should never sign a severance package immediately. Key Takeaway: Employers often bank on employees accepting the ESA minimums. However, Common Law entitlements can reach as high as 24 to 26 months of pay in extreme cases. Don't accidentally waive your rights to a much larger "Common Law bucket" by signing the fine print too early. Don't guess about your rights. Listen now to understand the strategy behind the jargon. Learn More by reading the full article at https://www.htwlaw.ca/severance-payContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

    5 min

  10. FEB 2

    S01E03 - Forced to Quit? Watch This BEFORE You Resign!

    Ever feel like your boss is trying to make you quit? 🚩You haven't been fired, but your pay was cut, your duties changed, or the work environment has become unbearable. You might be facing Constructive Dismissal. In this video, we dive deep into the "Ultimate Guide to Constructive Dismissal" from HTW Law Professional Corporation. We break down exactly what counts as constructive dismissal, the massive risks of resigning without a plan, and the legal tests courts use to decide if you get paid—or get nothing.👇 IN THIS VIDEO WE COVER: What is Constructive Dismissal? Breaking down the legal definition involving unilateral changes to your contract. The "Red Flags": How pay cuts, demotions, and even temporary layoffs can trigger a claim. The Toxic Workplace: Proving an environment is "intolerable" vs. just unpleasant. The Risk of Resigning: Why you generally must quit to sue, and why it's the "Danger Zone". The "Potter" Test: The Supreme Court's two-branch test for proving your case. Court vs. WSIB: How the Morningstar decision could block you from suing if your claim involves chronic mental stress .Duty to Mitigate: The Brake case and why working a "survival job" (like at Home Depot) might not hurt your payout .⚖️ NEED LEGAL HELP? This video explores a guide provided by HTW Law - Employment Lawyer. Don't guess about your rights. Listen now to understand the strategy behind the jargon. Learn More by reading the full article at https://www.htwlaw.ca/constructive-dismissalContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

    5 min

  11. FEB 2

    S01E02 - Wrongful Dismissal - The Truth About "Just Cause" and the $50k Update

    Staring at a termination letter is a "fight or flight" moment, but signing immediately or walking away could cost you thousands. In this Deep Dive, we decode the confusing world of wrongful dismissal in Ontario and reveal why the "cause" on your record might not mean what you think it does. In this episode, we cover: The "Cause" Trap: Why "just cause" (being bad at your job) is legally different from "wilful misconduct," and why you are likely still owed your minimum severance. The $50,000 Game Changer: A breakdown of the massive update to Ontario's Small Claims Court limit (effective Oct 1, 2025) and how it helps mid-sized claims avoid expensive Superior Court fees. The "Lying Boss" Loophole: How employers can legally fire you without a valid reason—even if they lie about it—provided they pay the right price, and when that lie becomes illegal. The Jurisdiction Maze: Why you must choose carefully between the WSIB, Human Rights Tribunal, or Civil Court, because picking the wrong one can bar you from the others. Probation Myths: Debunking the idea that you have zero rights during your first three months. In this video we also briefly talk about the different legal jargons such as wrongful dismissal, constructive dismissal, Ontario employees vs federal employees, etc...Don't guess about your rights. Listen now to understand the strategy behind the jargon. Contact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.ca Learn More by reading the full article at https://www.htwlaw.ca/wrongful-dismissalContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

    5 min

  12. FEB 2

    S01E01 - Can Your Employer Lie About Why You Were Fired

    Staring at a termination letter is a "fight or flight" moment, but reacting out of fear can mean walking away from rights and money you didn't know you had. In this Deep Dive, we unpack the confusing and stressful world of wrongful dismissal in Ontario to help you understand the strategy behind the jargon. In this episode, we cover: The "Cause" Trap: Why being "bad at your job" usually isn't enough to deny you severance, and the massive legal difference between "just cause" and "wilful misconduct". The "Lying Boss" Loophole: How employers can legally terminate you without providing a reason—even if they lie about it—provided they pay proper severance, and the specific scenarios where that lie becomes illegal (like reprisals or discrimination).The $50,000 Game Changer: The crucial update to Ontario's Small Claims Court limit (effective Oct 1, 2025) that opens a new path for justice for mid-sized claims. The Probation Myth: Debunking the common belief that employees on probation have absolutely no legal recourse. Choosing Your Battleground: Why filing a complaint with the WSIB or Ministry of Labour might accidentally lock you out of suing in court for a larger settlement. Don't guess about your rights. Listen now to learn how to navigate the maze of termination law and avoid costly mistakes. Learn More by reading the full article at https://www.htwlaw.ca/wrongful-dismissalContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

    5 min
  • 12 Episodes

About

Employment Law Insights is your essential guide to navigating the complex workplace laws. Hosted by the team at HTW Law, this podcast breaks down the legal jargon surrounding wrongful dismissal, constructive dismissal, and severance packages. Beyond termination, we dive deep into the critical issues that define your work life—including workplace harassment, discrimination claims, defamation, and employment contract reviews. Whether you are an Ontario employee, a federal worker under the Canada Labour Code, or a union member, we provide the clear strategies you need to protect your rights.

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