The agreement must be backed by consideration. The employer must give something of value to the employee in exchange for the agreement. Employees must have 21 days to consider the severance offer, or 45 days if more than one employee is laid off as part of a group lay off.
You do not get severance if you quit. Nobody is automatically entitled to any severance legally, ever, unless you were hired under a contract such as a 1099 employee and you have severance written into your agreement. Standard W-2 employees usually do not get severance.
Severance packages are typically offered to executives and employees who are laid off due to downsizing or restructuring. They are not usually offered to people who resign or who are fired for poor performance or other causes. Our California employment attorneys offer a Severance Package Review & Consultation.
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.