The NFL Players Association placed one of its leading attorneys on paid administrative leave on Tuesday after several employees lodged complaints with the union’s human resources division, five individuals aware of the circumstances informed ESPN on Thursday.
Heather McPhee, who has served as associate general counsel for the NFLPA since 2009, faced accusations claiming she failed to adhere to her supervisors’ instructions and engaged in bullying behavior towards coworkers, thus affecting the union’s workplace atmosphere, sources shared with ESPN.
Her leave of absence follows allegations she made that contributed to a federal investigation concerning the NFLPA’s and Major League Baseball Players Association’s financial activities involving OneTeam Partners, their $2 billion licensing firm.
On Thursday, McPhee did not respond to calls or text messages from ESPN. Her attorney, William Pittard, also did not respond to inquiries. A spokesperson for the NFLPA opted not to comment, stating that they refrain from discussing personnel issues.
According to sources knowledgeable about the matter, among those who lodged complaints regarding McPhee’s presumed workplace behavior was Matt Curtin, the head of NFL Players Inc., which is the union’s licensing arm, as well as a board member of OneTeam.
Inside the headquarters of the union located in Washington, D.C., McPhee was known for being a vocal and regular critic of the recently resigned NFLPA executive director Lloyd Howell Jr., according to information obtained by ESPN.
She had earlier sought legal representation amid an ongoing FBI investigation focusing on the relationship between the two unions and OneTeam. The group licensing entity is partially owned by the NFLPA, with a stake of 44.5%, as per information shared with ESPN.
The accusations regarding workplace conduct against McPhee were detailed in a letter dated Tuesday and signed by David White, the new interim executive director of the NFLPA. Sections of that letter were presented to an ESPN journalist on Thursday. Sources revealed that several months prior, the NFLPA had enlisted the help of an external legal firm, Orrick, Herrington & Sutcliffe, to look into the claims made against McPhee.
In addition to the federal investigation, there is a different inquiry concerning Howell’s management and various other governance matters within the union, which is being led by Ron Machen, an attorney from Wilmer Hale appointed by a special committee of players. Machen chose not to provide any comments on Thursday.
Howell stepped down on July 17 following a series of reports from ESPN that exposed his spending of union resources on multiple visits to strip clubs and his consulting role for a business involved in acquiring shares of NFL teams.
ESPN further disclosed the existence of a confidentiality agreement between the league and the union following a resolution regarding potential collusion by the NFL. A 61-page ruling from an arbitrator was leaked to the “Pablo Torre Finds Out” podcast in late June.
Individuals with firsthand knowledge of the matter informed ESPN that the investigation related to OneTeam was initiated after McPhee sent several memoranda indicating that the NFLPA might face legal risks after OneTeam attempted to establish a bonus structure for its board members. Howell along with MLBPA executive director Tony Clark were part of the board.
In a different matter, a former official from the MLBPA anonymously lodged a whistleblower complaint with the National Labor Relations Board, claiming Clark was misusing funds and engaging in nepotism. Clark has refuted any allegations of misconduct.
McPhee pressed the NFLPA to look into allegations that members of the OneTeam board had distributed equity shares for their own benefit. Ultimately, the NFLPA brought on attorney Richard Smith to examine the OneTeam situation. Smith’s review of the NFLPA’s interactions with OneTeam wrapped up in March, with McPhee claiming that Howell had wrongly halted the proceedings.
Multiple insiders familiar with the matter informed ESPN that McPhee has not been identified as a whistleblower in the FBI investigation, which means she will not have access to whistleblower legal safeguards.
The extent of the federal criminal probe remains unclear, but according to sources, various football and baseball players have been approached by the FBI, and the inquiry is still in progress.
White, who previously served as a leader of the SAG-AFTRA union representing film industry production workers, was appointed as the temporary executive director of the union on August 4.
