You and your employer must follow certain legal formalities for a severance agreement to be enforceable. You must ensure that the agreement is in writing and that your employer has signed it. Sometimes, you might also need a witness or have it notarized. Failing to adhere to these formalities can void the agreement.
Severance is never a requirement of any employer unless you have a signed employment agreement stating otherwise, or, it is a written policy of the company.
Neither the California Labor Code nor the federal Fair Labor Standards Act require employers to offer severance agreements to departing employees. Instead, severance agreements are provided by employers to accomplish a specific goal.
Lack of Voluntary Consent: Under California law, a severance agreement can be considered valid and enforceable only if the parties entered into it voluntarily. If your consent was obtained through coercion, duress, or fraud, the agreement will be deemed invalid.