The company I worked at "solved" this problem by offering the same package but with a clausing stating "key employees are not eligible to receive this package".

The company I worked at "solved" this problem by offering the same package but with a clausing stating "key employees are not eligible to receive this package". There was some legalese at the end of the document that deciding who was "key" was ultimately up the company and no explanation was required. As one of my co-workers explained it: If you're incompetent you can get a great payout and then go be someone else's problem.