California, in fact, has some of the strictest laws in this regard. In this state, an employee who is fired or laid off is entitled to a final paycheck right away, at the time of the termination.
It makes no difference how long you've been with a company so yes, it's legal to lay off any and everyone without severance. The exceptions: a union agreement requiring severance, a personal contract calling for a severance. This is usually only for executives and ``key'' people.
You are not required to accept the deal the employer initially offers. As with other types of contracts, the help of experienced counsel can influence the terms of the agreement. No federal law requires an employer to offer severance packages to laid-off employees under all circumstances.
If you're fired for cause, which it sounds like you will be, then they don't need to give you severance. Normally companies will give something to avoid getting sued for wrongful dismissal, because normally there are steps they need to take in order to avoid those kinds of lawsuits.
How to ask for a severance package Review your company's documents. You can typically find details of the company's policy regarding severance packages in a couple of places. Make note of your accomplishments. Stay professional. Negotiate severance during your job offer. Agree to an exit interview.