Add Comment Question: Can employer layoff only one employee in an organization, management level, due to a decrease in client numbers then not recall that employee when numbers are back up again and then change the layoff to organizational restructuring where the position no longer exists? Answer: You may have a claim for constructive dismissal. However, we would need to know more details about your position inn order to properly assess the situation. Please contact our office to discuss. 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.