Employee Contracts

[TheSutterDynasty]

A question for abundance of lawyers on CP.

As an employee, what happens when a contract "expires"? Does a new one need to be drawn up and signed? Do both parties lose their rights once it expires or does the relationship continue on as per the expired terms?

What happens if the employer approaches the employees with a new contract or addendum that is not in their best interest? Is not signing grounds for termination or are the rights of the previous contract upheld?

Google isn't being particularly helpful for these questions.

[TheSutterDynasty]

Bumping.

[Bring_Back_Shantz]

Originally Posted by TheSutterDynasty

A question for abundance of lawyers on CP.

As an employee, what happens when a contract "expires"? Does a new one need to be drawn up and signed? Do both parties lose their rights once it expires or does the relationship continue on as per the expired terms?

Isn't this specified in your current contract? Seems to me there is likely provisions that state what happens. Something like it going to month to month contract, or that terms stay the same (salary etc), but that you can be dismissed at any time once it expries. Give it a read, it's proabably in there.

What happens if the employer approaches the employees with a new contract or addendum that is not in their best interest? Is not signing grounds for termination or are the rights of the previous contract upheld?

Is your old one expired? If it is, then yeah, they are well within their rights to offer you a new/different contract, and if you reject it they can say "thanks, we're gonna go another direction.
If your current contract hasn't expried, then it's probably a matter of what your current one has to say. There may be provisions for them to make changes (perhaps there is a notice period to do so).
Give it a read, it's proabably in there.

Google isn't being particularly helpful for these questions.

I'm no lawyer, but I've given my completely uneducated opinion on your questions.

[TheSutterDynasty]

Originally Posted by Bring_Back_Shantz

I'm no lawyer, but I've given my completely uneducated opinion on your questions.

That seems the most intuitive. However, based on that then both the employer/employee could do basically whatever they wanted because the only thing that's in the contract after it terminates is the salary portion. ie benefits/vacation section would all be moot.

Thanks for the response.

[Canehdianman]

Given that you are essentially asking for free legal advice, I thought I'd wait to see if any of the other lawyers on here would answer.

I can't really help you. Each situation is specific, I don't practice employment law, and I'm not insured to help even if I could.

I'll recommend that you contact the Law Society's Lawyer Referral Service.

http://www.lawsociety.ab.ca/public/lawyer_referral.aspx

[Bring_Back_Shantz]

Originally Posted by TheSutterDynasty

That seems the most intuitive. However, based on that then both the employer/employee could do basically whatever they wanted because the only thing that's in the contract after it terminates is the salary portion. ie benefits/vacation section would all be moot.

Thanks for the response.

Well, if there is no contract there are no obligations on either side.
That's how contracts work. Once it's fulfilled either side can do what they want.

I was being a bit tongue in cheek earlier with my "give it a read" bit in my first response, but I'm serious. Have you actually read the whole thing? It probably lays out what happens when the contract expires. For example it could say that it continues indefinitely with either side having being able to terminate it at any time.

If they offered you something new/different now that it's expired your options are likely take it or leave it, because you don't have any current contract with them.

[TheSutterDynasty]

Originally Posted by Canehdianman

Given that you are essentially asking for free legal advice, I thought I'd wait to see if any of the other lawyers on here would answer.

I can't really help you. Each situation is specific, I don't practice employment law, and I'm not insured to help even if I could.

I'll recommend that you contact the Law Society's Lawyer Referral Service.

http://www.lawsociety.ab.ca/public/lawyer_referral.aspx

Thanks. I thought I was asking just a general question but you're right, I should probably talk to a lawyer.

Well, if there is no contract there are no obligations on either side.
That's how contracts work. Once it's fulfilled either side can do what they want.

I was being a bit tongue in cheek earlier with my "give it a read" bit in my first response, but I'm serious. Have you actually read the whole thing? It probably lays out what happens when the contract expires. For example it could say that it continues indefinitely with either side having being able to terminate it at any time.

If they offered you something new/different now that it's expired your options are likely take it or leave it, because you don't have any current contract with them.

The difference being this is employee-employer relationship, not a contractor. I have read it thoroughly, yes. But I have heard that if you haven't signed a new contract as an employee then it defects to the old (expired) one. That's really all I meant to ask - if that statement is true.

[Weitz]

Are there really Employee-Employer contracts?

[TheSutterDynasty]

Originally Posted by Weitz

Are there really Employee-Employer contracts?

Employment agreement.

[Bring_Back_Shantz]

Well that's entirely different.

I've never seen an employment agreement that had an end date (I've not seem many though so who knows).
Seems odd that there would be a term on an employment agreement.
But yeah, if there is, I suppose all my other statements probably apply about whether or not anyone is being held to any obligations in an expired contract.

[Canehdianman]

Originally Posted by Bring_Back_Shantz

Well that's entirely different.

I've never seen an employment agreement that had an end date (I've not seem many though so who knows).
Seems odd that there would be a term on an employment agreement.
But yeah, if there is, I suppose all my other statements probably apply about whether or not anyone is being held to any obligations in an expired contract.

all contract positions have end dates...