Add Comment Question: What if after being laid off the employer did not contact the employees because of down in sales and no plans to hire on the same positions? Answer: Unless your contract of employment permits an employer to lay you off, a lay off can be deemed a termination. If they are permitted to lay you off but do not recall you within the designated timelines outlined in the ESA, it will also be deemed a termination. 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.