Add Comment Question: Can an employer lay me off if the employment contract has no clauses about a layoff. Answer: Hello, If there is no layoff clause in your contract and you have never been laid off by that employer before, you can treat the layoff as a constructive dismissal as of the first day of the layoff. In other words, you can claim that they layoff effectively amounted to a termination and that you are therefore owed your full severance. To find out how much severance you may be owed visit severancepaycalculator.com or call us at Samfiru Tumarkin today. Regards, Lluc Cerda Lawyer Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.