I don't really know the legality of it, but I can tell you that last year around April there was quite a big wave of sudden performance terminations within Microsoft and these people did not get severance. I know because I was a manager of one of these people and had to deliver the news. I know that many of these people had had a below 100 rating on their previous performance review, but we were unaware at the time that this meant a death sentence for these employees several months later when we got the email a few days in advance of the termination. It was hundreds, if not thousands of affected people.
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