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Managing Toxic Employees: Perspectives from Employers and Employees (Presented by the Federal Bar Association Labor and Employment Law Section)

2025-09-03 14:00:00

2025-09-03 14:00:00

1 Credits

Managing toxic employees: legal frameworks, employer liability, anti-bullying legislation, and practical strategies for both employers and employees.

2025-09-03 14:00:00

Managing toxic employees: legal frameworks, employer liability, anti-bullying legislation, and practical strategies for both employers and employees.

2025-09-03 14:00:00

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn definitions of toxic employees, anti-bullying legislation in various states, employer liability considerations, and strategies for handling workplace toxicity situations.

What will you gain

Attorneys will gain practical tools for advising clients on bullying policies, investigation procedures, violence protocols, and distinguishing actionable harassment from bad management.

Defining Toxicity
Toxic employees create distrust, gossip, sabotage others, and exhibit narcissistic behavior.
Anti-Bullying Laws
Puerto Rico has anti-bullying law; California, Utah, and other states have emerging legislation.
Employer Liability
Employers face negligent hiring, training, and supervision claims for unaddressed toxic behavior.
Employee Strategies
Employees must follow handbook procedures and specify if harassment involves protected characteristics.
Workplace Violence
Employers need protocols for threats and violence, including safe locations and police contact.
Investigation Practices
Conduct immediate investigations with documented findings and notify both complainant and accused.

What will you learn

Attorneys will learn definitions of toxic employees, anti-bullying legislation in various states, employer liability considerations, and strategies for handling workplace toxicity situations.

What will you gain

Attorneys will gain practical tools for advising clients on bullying policies, investigation procedures, violence protocols, and distinguishing actionable harassment from bad management.

Agenda

Session 1

Anti-Bullying Laws and Toxic Employee Liability Overview

Session 2

Employee Strategies for Managing Toxic Coworkers

Session 3

Hypotheticals and Best Practices for Toxic Situations

Session 4

Audience Questions and Key Takeaways Discussion

clock 2:00 pm - 2:35 pm EST

Anti-Bullying Laws and Toxic Employee Liability Overview

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

This session explores the legal landscape surrounding toxic employees, including definitions from the American Psychological Association and Workplace Bullying Institute. Topics covered include the characteristics of toxic employees, workplace bullying statistics, emerging anti-bullying legislation across states, and employer considerations for violence prevention protocols.

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

clock 2:35 pm - 2:45 pm EST

Employee Strategies for Managing Toxic Coworkers

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

This session provides practical guidance for employees dealing with toxic workplace situations, including understanding at-will employment limitations and identifying legally actionable harassment. Participants will learn the importance of following proper HR procedures, being specific when reporting harassment, and understanding when toxicity becomes a legal issue.

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

clock 2:45 pm - 2:55 pm EST

Hypotheticals and Best Practices for Toxic Situations

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

Through real-world case examples, this session examines employer liability considerations including vicarious liability, negligent hiring, training, and supervision claims. Attendees will learn investigation best practices, how to distinguish toxic employees from dissatisfied employees, and strategies for approaching HR effectively.

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

clock 2:55 pm - 3:00 pm EST

Audience Questions and Key Takeaways Discussion

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

This interactive session addresses audience questions about detecting toxic behaviors and raising concerns appropriately. Key takeaways include implementing toxicity policies with specific examples, training employees to recognize toxic conduct, and understanding emerging trends in workplace bullying legislation.

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

01 04
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

TJ McGrath

Medicare Payment Advisory Commission

James Noel

McConnell Valdés LLC

Jon Wall

Higgins Benjamin PLLC

TJ McGrath

Medicare Payment Advisory Commission

TJ McGrath serves as General Counsel for the Medicare Payment Advisory Commission, advising the Executive Director on legal and business matters. She is also co-founder of Ardaithe Consulting LLC, developing tailored soft skills training for leadership and staff.

Professional Involvement

Co-Chair for the Leadership Subcommittee, Diversity & Inclusion Standing Committee for the FBA.

Experience

Prior to MedPAC, she was General Counsel at the Congressional Budget Office and Associate General Counsel for the TRICARE Management Activity (now Defense Health Agency). She served 12 years on active duty with the Air Force Judge Advocate General Corps and 18 years as a reservist.

TJ McGrath

Medicare Payment Advisory Commission

TJ McGrath serves as General Counsel for the Medicare Payment Advisory Commission, advising the Executive Director on legal and business matters. She is also co-founder of Ardaithe Consulting LLC, developing tailored soft skills training for leadership and staff.

Professional Involvement

Co-Chair for the Leadership Subcommittee, Diversity & Inclusion Standing Committee for the FBA.

Experience

Prior to MedPAC, she was General Counsel at the Congressional Budget Office and Associate General Counsel for the TRICARE Management Activity (now Defense Health Agency). She served 12 years on active duty with the Air Force Judge Advocate General Corps and 18 years as a reservist.

James Noel

McConnell Valdés LLC

Counsel in the Labor & Employment Law Practice Group providing advice and representation to employers in all areas of federal and Puerto Rico employment law.

Professional Involvement

Past-President of the FBA, Puerto Rico Chapter; former Treasurer of the Labor and Employment Law Section of the FBA national; Vice-Chairman of the Counsel of Past Presidents of the FBA Puerto Rico Chapter; Fellow of the Foundation of the FBA; member of the Board of the Labor and Employment Section of the FBA. Provides advice to Corporación La Fondita de Jesús, a non-profit organization helping people with controlled substance problems. Has provided pro bono services in Federal and State Courts.

Experience

Vast litigation experience in both state and federal courts. Has handled matters involving specialized knowledge including the Railway Labor Act, the National Labor Relations Act, the Federal Arbitration Act, ERISA, and COBRA. Served as counsel in cases before the U.S. District Court for the Southern District of Florida and the U.S. District Court for the Central District of California. Has handled numerous due diligence matters including purchase or sale of businesses in Puerto Rico and labor and employment audits.

Jon Wall

Higgins Benjamin PLLC

Employment litigation attorney with extensive leadership experience in employment law sections of multiple bar associations.

Education & Credentials

Graduate of Duke University and Washington & Lee University School of Law.

Professional Involvement

Currently serves as Treasurer of the Employment Law Section of the Federal Bar Association. Sits on the Board of Advisors of Elon University School of Law and the North Carolina Wildlife Federation.

Experience

Practices employment litigation with Higgins Benjamin, PLLC, in Greensboro, N.C. Past chair of the employment law sections of the North Carolina Bar Association and the North Carolina Advocates for Justice.

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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
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Why Attend

Why this 
program matters

Understanding toxic employee management is essential because it affects employer liability, employee wellbeing, and organizational costs totaling billions annually in turnover, litigation, and healthcare expenses.
$223B
Toxic workplace cultures have cost U.S. businesses over $223 billion in employee turnover over a five-year period.
79M+
Over 79 million U.S. workers have been affected by workplace bullying either directly or as witnesses.
62%
Bullied employees have a 62% chance of losing their jobs after being targeted through constructive discharge, termination, or quitting.
47%+
EEOC harassment charges increased over 47% in three years, climbing from 21,270 in FY 2021 to 31,354 in FY 2023.

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