Fixed-term employment contracts are fairly common in Alberta. These types of employment agreements provide a predetermined end date for the employment. But even though they seem simple enough to understand, some details can be overlooked. Don’t worry if you seem confused over this. A Calgary employment lawyer is available and can explain the fine print in simpler terms.
What a Fixed-Term Contract Really Means
A fixed-term contract is an employment agreement that is set with a predetermined start and end date. Employers or companies often utilize these for projects that span a few weeks or months at most. A special case for extension is when both parties negotiate for a longer period of work; otherwise, it automatically comes to an end.
Regardless of whether your employment is for an indefinite term or a fixed term, you have rights and entitlements under Alberta law. You are entitled to minimum wage, overtime pay, vacation entitlements, and protection from harassment or discrimination. You should be aware of your rights as an employee, and having a lawyer review any employment-related documents is crucial to ensure that you are not signing away your rights and entitlements and that the employment-related legal documentation is fair and reasonable.
Ending a Contract Early
Despite fixed-term contracts having a predetermined end date of employment, there are cases where the employer may terminate the contract before the date agreed upon in the employment agreement. That is considered wrongful dismissal and can serve as a basis for a lawsuit.
Having a Calgary employment lawyer is beneficial in this situation. They will be able to review your contract thoroughly. They will not only be able to see what compensation you are entitled to, but also be able to help you build your case should it be necessary. An employment lawyer’s assistance can be vital in understanding your rights, responsibilities and entitlements, and in ensuring that you have support so you do not have to stress about the situation alone.
Renewal and Permanent Employment
Don’t confuse a full-time contract with that of a fixed-term contract, as they have varying terms listed within. This causes employees to assume their contracts will automatically be renewed or that they will become permanent employees within the company. In Alberta, this is not the case. The end date of a fixed-term employment agreement is the end of your employment. However, if a fixed-term employment agreement is repeatedly renewed, with the employment relationship extending over a period of time, the court may consider your role to be permanent.
A Calgary employment lawyer will be able to lend you a hand in understanding how repeated renewals will affect your rights under the law.
Notice and Pay
Even if fixed-term contracts already specify the end date, employers should still provide notice ahead of the agreement’s expiration. That way, it can be seen as a formal separation between the employee and the employer, especially if the contract ends abruptly. Contracts should be well-written enough to outline all the requirements for sending out a notice, thereby reducing the chances of misunderstanding between both parties.
A Calgary employment lawyer can review an employment agreement or termination paperwork to ensure the notice period is fair and in accordance with Alberta law. Considering various factors such as your role and length of service.
Discrimination and Your Rights
Everyone, even fixed-term employees, is protected under Alberta’s Human Rights Act. Hiring, contract renewal, and even termination decisions are frowned upon if they are based on factors that can be discriminatory. If you have any reasons to believe your contract wasn’t renewed or went through unfair treatment because of discrimination, it is time to act and seek out professional help. A Calgary employment lawyer would be your best choice to help provide options and assist you in taking appropriate action.
Tips for Employees
Before signing any legal documents, such as a fixed-term contract, ensure that you have thoroughly read the fine print and that every detail is clearly stated. This includes, but is not limited to, the start and end dates, any renewal conditions (if applicable), and clauses outlining grounds for termination.
It would be best to keep copies of any documents and agreements so that a Calgary employment lawyer can review them easily if any issues arise.
Moving Forward with Confidence
Even if fixed-term contracts do seem flexible, they also need you to understand how they can affect your rights. If your integrity is compromised or you encounter a disrespectful situation, you will need a licensed expert to address the issue.
If you’ve been let go or mistreated at work and believe discrimination played a part, you deserve answers. At JSB Law, our Calgary employment lawyers represent employees, understand Alberta’s laws, and can help you figure out your next steps. Book a confidential consultation today.
