Many employees sign employment agreements upon hiring. Employment agreements are contracts that outline duties, expectations, salary, benefits, duration of employment, reasons why an employee might be terminated, and numerous other factors, including non-compete clauses and confidentiality terms. Similarly, employers often ask employees to sign severance agreements before they leave employment with the company. Generally, the employer offers a payment of severance in exchange for confidentiality and the employee’s promise not to bring legal action against the employer. Although they are regularly included in contracts and severance agreements, clauses with non-compete and confidentiality language may be unenforceable. Employers should consult with an attorney when preparing employment agreements to ensure that the terms remain viable. And employees should consider consulting with an attorney prior to signing any such agreement to identify enforceability issues and language that could place them at a disadvantage.