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Because there is no state or federal law which requires severance (except, under the federal WARN Act where 60-day notice or equivalent pay is required when an employer terminates at least 100 employees), an emplooyer's offer of severance is entirely controlled by the severance offer itself.
If the employer has offered severance in a notice to a class of (or all) employees, and you are within the scope of the notice, and there is nothing in the offer which would otherwise preclude you from accepting, then you may accept, and the employer's failure to pay the severance, would be a straight breach of contract for which you could sue.
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