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Fixed-Term Contracts: The High Risk of Termination Damages

Fixed-term contracts — employment agreements with a set start and end date — carry outsized risk for employers, and outsized opportunity for you. If your contract ends on schedule, no severance is owed. But if your employer ends it early, the amount you’re owed can be enormous — calculated on the balance of the entire term, which may be years.

ENDED YOUR CONTRACT EARLY?

The Balance of the Term Can Be Owed in Full

If your fixed-term contract is terminated early and lacks a clear, enforceable termination clause, the law entitles you to be paid for the entire balance of the remaining term — all wages and benefits you would have received up until the contract’s original end date, even if that period spans several years. This result may seem harsh for employers, but it’s been consistently enforced by appellate courts, including in Howard v. Benson Group Inc. and the Alberta Court of Appeal’s ruling in Rice v. Shell Global Solutions Canada Inc.

Is Every Type of Compensation Included?

Yes. Under the Matthews v. Ocean Nutrition principle, your entitlement must include every form of compensation you would have earned during the balance of the term — not just base salary, but bonuses, benefits, and equity too.

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Employers often assume a fixed-term contract caps their risk. Without a properly drafted termination clause, it does the opposite — the balance of the term can mean years of pay, not weeks. We make sure that entitlement is calculated in full.

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Our Process

Simple Steps to Protect Your Severance

Our structured approach ensures you receive clear advice, strong legal support, and the confidence to move forward at every stage.
01

Submit Your Information

Share your situation and severance offer with our team online or by phone.
02

Case Review by a Lawyer

Meet with an experienced employment lawyer to understand your rights and options.
03

Strategy & Advice

Meet with an experienced employment lawyer to understand your rights and options.
04

Negotiation & Representation

Meet with an experienced employment lawyer to understand your rights and options.
How We Help

Secure Your Full Contractual Entitlement

We review your fixed-term contract to determine whether it contains a clear, enforceable termination clause — the single factor that decides whether you’re owed a few weeks or the entire remaining balance of the term.

Where you’ve been employed through multiple contract renewals, we assess whether the relationship has been legally converted to indefinite employment, entitling you to full common law severance based on your entire accumulated service.

  • Review of your fixed-term contract for a clear, enforceable early-termination clause.
  • Calculation of the full balance-of-term entitlement, including bonuses, benefits, and equity under Matthews v. Ocean Nutrition.
  • Assessment of whether serial contract renewals have converted your role into indefinite employment.
  • A Bardal factors analysis of your full accumulated service where the rollover trap applies.
  • Enforcement of your rights under Howard v. Benson Group Inc. and Rice v. Shell Global Solutions Canada Inc.
Why It Matters

The Rollover Trap Can Work in Your Favour

Employers often use a series of fixed-term contracts over many years to mimic indefinite employment while avoiding severance liability. Courts recognize this pattern of serial fixed-term contracts as a legal fiction — if you’ve been continuously employed through multiple renewals, your service is calculated from the start of your first contract, not your most recent one.

Years, Not Weeks

If your contract lacks a valid early-termination clause, you may be owed every remaining month of the term — sometimes representing years of pay rather than a standard severance package.

Renewals Can Add Up

Multiple fixed-term renewals can convert your employment into an indefinite relationship, with your entitlement calculated from your very first contract, not your latest one.

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I felt supported every step of the way.

Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.

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I felt supported every step of the way.

Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.

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From oil and gas to healthcare, technology, construction, finance, and more — our team has extensive experience helping employees navigate complex workplace disputes.

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    FAQs

    Have Questions? Get Answers

    Fixed-term contracts carry entitlements many employees don’t expect. Here’s what Calgary employees ask us most.
    If your contract has no valid early-termination clause, you’re generally owed the pay you would have earned for the entire remaining term — not just a few weeks’ notice. The exact figure depends on the contract’s wording, which should be reviewed before you accept any offer.
    It includes everything. Under the Matthews v. Ocean Nutrition principle, your entitlement for the balance of the term must include all forms of compensation you would have earned — bonuses, benefits, and equity, not just base salary.
    It’s consistently enforced. Appellate courts, including in Howard v. Benson Group Inc. and the Alberta Court of Appeal’s decision in Rice v. Shell Global Solutions Canada Inc., have upheld the balance-of-term entitlement even when the result is a large payout.
    It can. Courts treat serial fixed-term contracts used to mimic permanent employment as a legal fiction. If you’ve been continuously employed through multiple renewals, your relationship may be converted to indefinite employment, with entitlements calculated from your very first contract.
    Through the Bardal factors — length of service (counted from your first contract), age, character of employment, and the availability of similar work — resulting in full common law severance based on your entire accumulated career with the employer.
    Generally two years from the date your contract was terminated early, under Alberta’s limitation period. Acting sooner preserves evidence and leverage, and lets you get advice before signing anything that could affect what you’re owed.