Even on a relatively low level, some provisions for a substantial severance package can be included.

It was really weird, like asking someone for dinner and presenting them with an empty plate,

It also limits their right to discovery, or information-gathering. Probably the biggest problem is that most of them require the cost of the arbitrator be split by the parties. A lot of these arbitrators charge a lot of money. It could be thousands and thousands of dollars. That puts an employee sometimes in a position where they can't afford to arbitrate their claims.

The non-compete clause, depending on how it's worded, could be the most potentially damaging from a practical standpoint. Especially today, when people move from job to job. Try to negotiate so it's taken out or limited so it's not a tremendous burden on you.

That's a real problem area for us lawyers, ... because depending on how important it is for a company to get rid of someone, they can go through a whole sham of pretending to restructure a company to justify a termination.

If they're very marketable and they know they can go to another job just as easily as this one, then I tell them to push for the max. On the other hand, if the person isn't at that standpoint, I counsel them to feel out the situation and kind of bring up the subject if they feel comfortable.