Severance Package

I am in California and my company was acquired by a major corporation. As part of the merger a generous employee severance package was offered for those who qualify. Under the package, if you are terminated for poor performance within 2 years of the merger an employee qualifies for the severance package.

Within 2 weeks of receiving a glowing performance review and a pay raise above the company norm my boss found out that I filed for a severance package due to the change in my responsibilies brought on by the merger. He went to HR and reported me for poor performance. He even told our department HR rep that he doesn't have a problem with the quality of my work I am unhappy with my job. He stated that the poor performance report would have me released within 30 days instead of the 8-12 weeks I would have to wait for a committee to review my claim for a severance package.

Although I will received a package with termination for poor performance, it will tarnish my employment record (which is currently spotless). HR has stated that if my supervisor releases me for poor performance they can state that I was involuntarily terminated if anyone calls to verify employment history.

If I am fired for poor performance my original claim for a severance package is void. Is it legal for my boss to retaliate against me because I filed for a severance package?

If you had a contractual right (express or implied) with the company to apply for a severance under the circumstances, then it is probably an unfair employment practice to then terminate you for poor performance. Maybe if you talk this over with your supervisor and with HR, they will straiten this out.