A senior attorney for the National Football League Players Association (NFLPA) has filed a federal lawsuit alleging retaliation and misconduct by top union executives. The complaint, submitted by Heather McPhee, who has served as the NFLPA’s associate general counsel since 2009, claims that former executive director Lloyd Howell Jr. and two current executives conspired to hinder her cooperation with a criminal investigation into the union’s finances.
The lawsuit, filed in the U.S. District Court in Washington, D.C., accuses Howell and his associates of illegal actions, including sex discrimination and breach of fiduciary duty. McPhee alleges she was placed on paid administrative leave in August 2023 for purported workplace “misconduct” after she repeatedly raised concerns regarding the legality of decisions made by senior executives. These concerns included potential violations of labor laws as she prepared to testify before a federal grand jury investigating both the NFLPA and the Major League Baseball Players Association (MLBPA).
McPhee’s 52-page complaint seeks at least $10 million in damages, citing lost earning potential and “compensation for her humiliation, embarrassment and emotional distress.” The allegations stem from her internal disclosures made in November 2024, in which she expressed worries that the actions of senior executives might breach their fiduciary responsibilities.
The lawsuit details accusations that union leaders targeted McPhee to conceal their own misconduct. She specifically challenged the legality of a proposed Senior Executive Incentive Plan from OneTeam Partners, a licensing company co-owned by the NFLPA and MLBPA. This plan was intended to provide substantial bonuses to Howell, MLBPA executive director Tony Clark, and other senior executives, and is currently under investigation by federal authorities.
In the complaint, McPhee argues that the bonuses were designed to financially benefit union representatives while violating federal law, which prohibits labor organization representatives from receiving compensation from employers that could influence their judgment.
Additionally, McPhee claims that Howell and other executives withheld crucial information from NFL players, including an arbitrator’s ruling that revealed discussions about limiting guaranteed contracts for star quarterbacks. This decision, she argues, violated the collective bargaining agreement and undermined the union’s duty to fairly represent its members.
As McPhee raised these issues, she alleges that Howell marginalized her within the organization, describing her as a “problem.” The lawsuit also accuses longtime general counsel Tom DePaso of attempting to undermine her credibility by leaking confidential information to the media.
When federal prosecutors approached McPhee for cooperation last May, she claims that Howell and DePaso restricted her access to meetings and communications with players and board members. McPhee alleges that this was part of a broader campaign to prevent her from testifying about what she believed was criminal misconduct within the NFLPA.
The complaint notes that McPhee was placed on administrative leave shortly after Howell resigned amid reports of his personal expenditures using union funds. Allegations against McPhee included failure to follow supervisors’ directions and claims of bullying, which she contends were mere pretexts to silence her.
The lawsuit emerges as federal prosecutors investigate allegations of financial misconduct and retaliation among current and former NFLPA and MLBPA officials. This inquiry was initiated following a whistleblower complaint filed against Clark in November 2024, which alleged serious issues including self-dealing and misuse of resources.
In her lawsuit, McPhee outlines a series of specific grievances against Howell, DePaso, and other executives, stating that their actions not only harmed her but also put the interests of union members at risk. She asserts that the OneTeam Partners bonus plan, which was never implemented, was fundamentally flawed and not in the union’s best interest.
The complaint highlights that executives stood to gain significantly from the proposed plan, which would have been funded through union resources, raising further concerns about potential legal violations.
As the legal proceedings unfold, McPhee’s attorneys maintain that the case exposes serious failures within the NFLPA, emphasizing the need for accountability to protect the interests of its members. The outcome of this lawsuit could have significant implications for the governance and operations of the NFLPA and its leadership.
