There's an incentive problem, though. You can't make the people wait on you paying them until after the resolution, or they have the same insecurity. But you

There's an incentive problem, though. You can't make the people wait on you paying them until after the resolution, or they have the same insecurity. But you can't pay everyone that much in damages upfront, probably. So you may give them a larger payout later, but a fixed payout now so they don't think it's purely a lottery roll, but then what happens if the case is over and you said no _and_ they're blackballed? Do you use them being unhireable elsewhere as evidence of it? And then, if they switch industries because it's more reliable to get a job in another industry, does that serve as evidence they're not blackballed and you should stop paying them? So you'd probably want to make it some nontrivial percentage tied to the company's pre-tax+expenses income, but then you'd need to worry about them playing games with where the money goes, and also the gov't incentive to then seize huge piles of money. The tempting answer feels like "kill the company" amounts of money, but in a lot of cases, putting the entire company out of work would be extremely disruptive to the region, and then you'd have other workers resenting anyone who reported it.