A senior attorney for the National Football League Players Association (NFLPA) has filed a federal lawsuit claiming that top union officials engaged in illegal retaliation. Heather McPhee, who has served as the NFLPA’s associate general counsel since 2009, alleges that former executive director Lloyd Howell Jr. and two current executives conspired to obstruct her cooperation with a criminal investigation into the union’s financial practices. The lawsuit, lodged in the U.S. District Court in Washington, D.C., seeks at least $10 million in damages for lost earning potential and emotional distress.
McPhee contends that she was placed on paid administrative leave in August 2023 as a pretext for her involvement in a high-profile inquiry led by federal prosecutors. According to the lawsuit, this leave was a direct response to her raising concerns about potential violations of labor laws and the union’s fiduciary responsibilities. Specifically, McPhee claims that Howell and other executives aimed to silence her as she prepared to testify before a federal grand jury regarding the NFLPA and its dealings with the Major League Baseball Players Association (MLBPA).
The comprehensive 52-page complaint outlines a series of allegations against Howell, current executives, and the union itself. McPhee asserts that her criticisms of the Senior Executive Incentive Plan proposed by OneTeam Partners, a $2 billion licensing entity jointly owned by the NFLPA and MLBPA, prompted targeted retaliation from her superiors. She argues that this plan, which would have awarded millions in bonuses to Howell, MLBPA executive director Tony Clark, and other senior officials, raised significant legal concerns.
In November 2024, McPhee first alerted NFLPA leadership to her belief that certain decisions could violate labor laws concerning conflicts of interest. The lawsuit claims that following her concerns, union leaders began a campaign to undermine her credibility. McPhee’s objections included a confidentiality agreement that prevented NFL players from accessing an arbitrator’s ruling regarding discussions on limiting guaranteed contracts for quarterbacks, which she believed violated the collective bargaining agreement.
The legal document highlights a troubling pattern of behavior, suggesting that as McPhee sought to protect union members’ rights, she was marginalized by executives who perceived her as a threat. The lawsuit includes claims that Howell described her as a “problem” to the NFLPA’s executive committee, while longtime general counsel Tom DePaso allegedly attempted to portray her as overly emotional and disruptive.
Federal prosecutors reportedly sought McPhee’s cooperation in May 2023, as part of their investigation into alleged misconduct by Howell and other senior officials. After learning of her willingness to testify, McPhee alleges that Howell and DePaso sidelined her from meetings and restricted her communication with union members and board members.
On August 12, 2023, Howell resigned amid reports of his misuse of union funds. Following this, McPhee was placed on paid administrative leave under allegations of workplace misconduct. Sources indicated that these complaints stemmed from her failure to adhere to supervisors’ directives and accusations of bullying, which McPhee claims were unfounded and retaliatory in nature.
The lawsuit also addresses the broader implications of the OneTeam Partners executive incentive plan, which McPhee argues was designed to enrich union representatives. She alleges that the plan, intended to allocate substantial bonuses, was never disclosed to the NFLPA’s corporate lawyers and was not in the best interest of union members.
In a statement, McPhee’s attorneys, Courtney R. Forrest and Sarah R. Fink, emphasized that the lawsuit exposes the failures of those still in leadership positions within the NFLPA. They stated, “They deserve better, and she deserves accountability.”
As the case develops, it could shed light on potential misconduct within the NFLPA and its handling of financial matters. The lawsuit serves as a detailed account of McPhee’s experiences and allegations, positioning her as a whistleblower in a complex legal landscape. The ongoing criminal investigation into the NFLPA and MLBPA, triggered by a whistleblower complaint filed in late 2024, adds another layer of scrutiny to the union’s operations.
With the stakes high, McPhee’s legal battle may not only impact her future but could also have significant ramifications for the NFLPA and its leadership.
