Heather McPhee has been associate general counsel for the National Football League Players Association (NFLPA) since 2009. Now, she has filed a civil lawsuit against the union, accusing top executives of a variety of serious misconduct, including former executive director Lloyd Howell Jr. McPhee’s lawsuit alleges she was the target of unlawful retaliation and sex discrimination. She blew the whistle to expose the lack of ethics at the top of the organization and in return, she suffered from a fiduciary duty breach.
McPhee was put on paid administrative leave in August of 2024 due to claims of toxic workplace behavior. This lawsuit comes on the heels of that decision. She thinks this leave is a ruse. It’s intended to prevent her from working with the ongoing Department of Justice (DOJ) investigation into NFLPA and related matters. McPhee contends that her efforts to raise concerns about the legality of a proposed senior executive incentive plan by OneTeam Partners sparked the retaliation against her.
In her lawsuit, McPhee describes how this incentive scheme worked. She argues that it could have funneled millions in performance bonuses to Howell, MLBPA executive director Tony Clark, and other high-ranking union officials. She alleges that this scheme was designed to enrich the OneTeam Partners board members who are employees of labor organizations. This move constitutes a clear violation of federal laws prohibiting exactly that type of financial deal.
For example, McPhee raises serious allegations of obstruction and corruption by Howell and other union leaders. He blasts them for keeping an arbitrator’s ruling from NFL players. Yet this ruling opened discussions on limiting guaranteed contracts for marquee quarterbacks. As we’ve previously written, this issue greatly affects player pay and labor rights.
McPhee’s lawsuit is seeking no less than $10 million in damages for loss to sense of earning potential and emotional distress. She argues that her lawsuit details the misconduct she observed inside the NFLPA. This criminalizes free speech, invents unprecedented legal obligations, and is very much a “catch-all” provision.
“This case reveals egregious failures by those still at the organization who owe legal and moral duties to thousands of union members. They deserve better, and she deserves accountability.” – Courtney R. Forrest and Sarah R. Fink, McPhee’s attorneys
McPhee laid the groundwork for her internal complaints as far back as November 2024. She criticized the notion that senior executives could make decisions that would essentially break labor laws. She strongly criticizes Howell’s move to avoid a complete Council review of the expanded OneTeam bonus plan. That bold position is underlined in the complaint.
The growing temperature of the legal fight seems based on an ever-growing split within the NFLPA. McPhee claims that union bigwigs set their sights on her in order to deflect from their own incompetence and corruption. The lawsuit accuses Howell specifically of making comments indicating that McPhee was perceived as a problem:
“is a problem and we will deal with it.” – Lloyd Howell Jr.
Though the lawsuit principal remains undisclosed, the NFLPA has now publicly confirmed its existence. They are holding back their detailed comments under the auspices of that ongoing litigation.
“We are reviewing the complaint. Due to the pending litigation, we have no further comment at this time.” – Union spokesperson
The lawsuit firmly states:
“McPhee was not the leaker.” – [source]
That’s an important claim. It reveals that her integrity, motives and professional reputation have all been needlessly impugned as the union has sought to cover its own rear.
The proposed executive incentive plan quickly generated substantial ethical concerns. Our federal law couldn’t be clearer in saying that labor organization representatives should not accept financial benefits from employers that would influence their decision-making. McPhee’s lawsuit highlights this violation, stating:
“Specifically, the … grants appeared intended to financially enrich the union’s representatives on OTP’s Board — individuals who were labor organization employees.” – [source]
The potential implications of McPhee’s allegations could be extremely far-reaching for the NFLPA. As a potential star witness in an active yearlong criminal inquiry into not just the NFLPA, but the MLBPA, her insights are extremely valuable. Her testimony might uncover illegal practices that affect how unions function and the broader environment of labor relations in professional sports.
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