Notice for a fixed term contract

Hello, I have a fixed-term contract with my employer which is supposed to end in two weeks. Today, I reminded my employer that the contract was ending soon and he said that I should have given him three weeks notice and so he needs to extend my contract if I want to leave. There is indeed a clause that says that: 'If you decide to resign your employment, you will give at least 3 weeks of written notice." but that's for termination. Did I need to give a three weeks notice to my employer for a fixed-term contract that comes to the end? Thank you


Asked 28 days ago in Vancouver, British Columbia
Categories: Labour & Employment

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Ayesha Naaz

Answer by Ayesha Naaz

VerifiedAlberta lawyer

Hi, not sure if you want to terminate, resign or continue working. The clause indicates a 3 wk notice in the event of a resignation. That clause is therefore specific to resignation. Since the Contract governs the terms, it requires a careful review before I proceed to make any further statements. Thanks

Posted 28 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Ayesha Naaz, or search the Lawyer Directory.


Comment

Thanks, I should have specified that I want to terminate my contract on the date it is supposed to end.

Posted 28 days ago


Ayesha Naaz

Answer by Ayesha Naaz

VerifiedAlberta lawyer

You can attribute the resignation to the circumstances at work that makes it fall within the ambit of creating psychological or other pressure, duress like circumstances that forced your hand to request termination or repudiationofthe Contract. That makes it constructive dismissal. Again, I would need to know what's the stipulation in the Contract re termination? Hope that helps you unless you.

Posted 28 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Ayesha Naaz, or search the Lawyer Directory.


Ayesha Naaz

Answer by Ayesha Naaz

VerifiedAlberta lawyer

Again, I need to clarify that such circumstances have to be present not invented, to meet the threshold and for veracity and candour.

Posted 28 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Ayesha Naaz, or search the Lawyer Directory.


Vishal K Bajpai

Answer by Vishal K Bajpai

VerifiedBritish Columbia lawyer

A fixed-term contract ends when it states it will end. The resignation terms are for when you want to resign before the term is up. Without reading your contract and based solely on the facts you have set out here, there is no need for you to give 3-weeks notice. Review your contract again carefully to ensure that the 3-weeks notice is in fact for conditions of resignation only, and make sure that there are no automatic contract renewal terms if the parties do not give notice of their intention to not renew the contract or any such other similar terms.  

Posted 28 days ago

Vishal K Bajpai is a lawyer and BC Law Society accredited family mediator and arbitrator.  He is an associate family roster member of Mediate BC. Vishal is the founder of Bajpai Law Corporation, a general practice firm in Abbotsford, BC. See more about Vishal at https://bajpai.ca

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Vishal K Bajpai, or search the Lawyer Directory.


Ayesha Naaz

Answer by Ayesha Naaz

VerifiedAlberta lawyer

Again, the governing instrument is the Contract. It needs a thorough review before proferring any advice. If you have stipulations of auto-renewal, and/or advance notice to prevent the same, it does not necessarily mean that a fixed term contract will end per the period specified.

Posted 28 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Ayesha Naaz, or search the Lawyer Directory.


Comment

Thank you Vishal, I checked my contract and the 3-weeks notice is required if I dedice to resign and there is no mention of renewal terms.

Posted 28 days ago

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