NFLPA Attorney Files Lawsuit Alleging Retaliation and Misconduct

Heather McPhee, an associate general counsel for the NFL Players Association (NFLPA) since 2009, has filed a federal lawsuit alleging that top executives conspired to prevent her from cooperating with a criminal investigation into the union's financial activities. The lawsuit, filed in U.S. District Court in Washington, D.C., accuses former NFLPA executive director Lloyd Howell Jr. and current MLB Players Association executive director Tony Clark, among others, of illegal retaliation, sex discrimination, and breach of fiduciary duty. McPhee claims she was placed on paid administrative leave in August 2025 to obstruct her testimony before a federal grand jury investigating the NFLPA and the MLBPA.

ESPNNew York TimesSenior NFLPA attorney sues union over alleged cover-up

Central to McPhee's allegations is the Senior Executive Incentive Plan (SEIP), which she argues was designed to enrich union executives at the expense of regular members. The plan would have allowed executives to receive substantial bonuses through a structure that potentially violated labor laws prohibiting union representatives from accepting valuable incentives from employers. McPhee contends that the plan was created without proper legal oversight and was intended to benefit Howell, Clark, and other senior leaders, thereby creating a conflict of interest.

New York Times

McPhee first raised concerns about the legality of the SEIP in November 2024, warning that it could violate fiduciary duties. Following her agreement to cooperate with federal prosecutors in May 2025, she alleges that union leaders retaliated against her, sidelining her from meetings and restricting her communication with players and board members. Howell reportedly characterized her as a "problem" to the executive committee, while general counsel Tom DePaso attempted to undermine her credibility by labeling her as "too intense and emotional."

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The lawsuit also highlights potential gender discrimination, as McPhee asserts that her administrative leave was a pretextual response to her legal concerns, contrasting with the lack of disciplinary actions against male executives facing similar allegations. She claims that the union's actions were designed to intimidate her and silence dissent regarding executive misconduct.

Senior NFLPA attorney sues union over alleged cover-up

The lawsuit is part of a broader FBI investigation into alleged financial misconduct and misuse of union funds by current and former NFLPA and MLBPA officials. This inquiry was prompted by a whistleblower complaint against Clark, alleging self-dealing and abuse of power. McPhee's legal action seeks at least $10 million in damages for lost earnings and emotional distress, while also aiming to hold union leaders accountable for their alleged failures to uphold their fiduciary responsibilities to union members.

ESPNSenior NFLPA attorney sues union over alleged cover-upNew York Times

In response to the lawsuit, an NFLPA spokesperson stated, "We are reviewing the complaint. Due to the pending litigation, we have no further comment at this time." McPhee's attorneys emphasized the need for accountability, asserting that the case reveals significant failures by those in leadership positions within the organization.

New York Times

• “She deserves accountability.” — Heather McPhee, NFLPA Associate General Counsel

Senior NFLPA attorney sues union over alleged cover-up

• “McPhee was not the leaker,” — Heather McPhee, NFLPA Associate General Counsel

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• “The rights of union members, including those who were free agents in 2025 to have the decision and use it as leverage in their contract negotiations, was denied by agreeing with the NFL to hide it from them.” — Heather McPhee, NFLPA Associate General Counsel

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While McPhee's lawsuit details numerous allegations against NFLPA executives, sources indicate that she has not yet testified before the grand jury or spoken with prosecutors. The ongoing investigation into the NFLPA and MLBPA remains active, with potential implications for the future of union governance and accountability.

New York Times