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

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

2025-09-03 14:00:00

Program Details

2025-09-03 14:00:00

Program Details

2025-09-03 14:00:00

Over 1,000+ webinars

2025-09-03 14:00:00

Course Overview

Managing Toxic Employees: Legal and Practical Strategies

2025-09-03 14:00:00

Participants will learn to identify toxic workplace behaviors, understand emerging anti-bullying legislation, and implement effective response protocols. These skills help reduce liability and maintain productive work environments.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Defining Toxicity
Toxic employees create distrust, gossip, sabotage others, and exhibit narcissistic behavior.
02
Anti-Bullying Laws
Puerto Rico has anti-bullying law; California, Utah, and other states have emerging legislation.
03
Employer Liability
Employers face negligent hiring, training, and supervision claims for unaddressed toxic behavior.
04
Employee Strategies
Employees must follow handbook procedures and specify if harassment involves protected characteristics.
05
Workplace Violence
Employers need protocols for threats and violence, including safe locations and police contact.
06
Investigation Practices
Conduct immediate investigations with documented findings and notify both complainant and accused.

Program schedule

clock 2:00 pm - 2:35 pm EST

Anti-Bullying Laws and Toxic Employee Liability Overview

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 McGrathTJ McGrath
James NoelJames Noel
Jon WallJon Wall
clock 2:35 pm - 2:45 pm EST

Employee Strategies for Managing Toxic Coworkers

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 McGrathTJ McGrath
James NoelJames Noel
Jon WallJon Wall
clock 2:45 pm - 2:55 pm EST

Hypotheticals and Best Practices for Toxic Situations

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 McGrathTJ McGrath
James NoelJames Noel
Jon WallJon Wall
clock 2:55 pm - 3:00 pm EST

Audience Questions and Key Takeaways Discussion

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 McGrathTJ McGrath
James NoelJames Noel
Jon WallJon Wall
TJ McGrath

TJ McGrath

Ardaithe Consulting, LLC

James Noel

James Noel

McConnell Valdés LLC

Jon Wall

Jon Wall

Higgins Benjamin PLLC

TJ McGrath

TJ McGrath

Ardaithe Consulting, LLC

TJ McGrath is the Co-Founder and CEO of Ardaithe Consulting, LLC, where she helps organizations strengthen leadership, communication, and workplace effectiveness through science-based human performance training. She also serves as General Counsel for two U.S. Senate Commissions, bringing her legal expertise directly to bear on some of the federal government’s most sensitive institutional work. TJ served nearly three decades as an Air Force Judge Advocate and brings more than fifteen years of combined experience in federal service across both the Executive and Legislative Branches. Her legal background informs her work in ethics, conflict resolution, and workplace dynamics, with a particular focus on preventing disputes through effective communication and sound decision-making. She excels at developing individualized solutions — whether that means training, mentoring, resource allocation, or exit strategies — for organizations navigating complex human performance challenges. She holds a B.A. in Communication from the University of Colorado at Colorado Springs and a J.D., cum laude, from The John Marshall Law School.

Education & Credentials

TJ holds a Bachelor of Communication from the University of Colorado at Colorado Springs and a Juris Doctor, cum laude, from The John Marshall Law School. Her nearly three decades of service as an Air Force Judge Advocate provided extensive legal and leadership training across operational, administrative, and legislative contexts. Her cum laude distinction at John Marshall reflects academic excellence in a rigorous legal curriculum, and her subsequent service as General Counsel to two U.S. Senate Commissions demonstrates the institutional trust her legal credentials and government experience have earned at the highest levels of the Legislative Branch.

Recognition & Leadership

TJ's recognition is grounded in the sustained trust placed in her across the military, executive, and legislative branches of the federal government. Her nearly 30-year Air Force JAG career — spanning operational legal support, ethics, conflict resolution, and command advisory roles — reflects a record of professional excellence and institutional reliability that is rare in any career field. Her dual appointment as General Counsel to two U.S. Senate Commissions represents a continuation of that trust at the legislative level, and her founding of Ardaithe Consulting reflects recognition by private and public-sector clients of the practical value her science-based human performance methodology delivers.

Professional Involvement

TJ is actively engaged in the federal legal and national security professional communities through her Senate Commission work and her consulting practice. At Ardaithe Consulting, she designs and delivers training programs focused on leadership communication, workplace effectiveness, ethics, and conflict prevention for organizational clients across government and the private sector. Her Air Force JAG background gives her particular expertise in the intersection of legal ethics, command climate, and organizational performance — a combination she brings to bear on civilian workplace challenges with direct and practical effect.

Experience

TJ McGrath's career represents nearly three decades of distinguished legal and leadership service to the United States Air Force, followed by a seamless transition into federal civilian service and entrepreneurial consulting. As an Air Force Judge Advocate, she advised commanders on the full range of military law — operational law, administrative proceedings, ethics, labor relations, and conflict resolution — across a career that spanned multiple commands and duty stations. Her subsequent service in both the Executive and Legislative Branches, culminating in her current dual role as General Counsel to two U.S. Senate Commissions, reflects a practitioner of exceptional versatility and institutional credibility. At Ardaithe Consulting, she translates that experience into actionable, science-based human performance training that helps leaders and organizations prevent conflict, communicate more effectively, and make better decisions under pressure.
James Noel

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

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.
TJ McGrath

TJ McGrath

Ardaithe Consulting, LLC

TJ McGrath is the Co-Founder and CEO of Ardaithe Consulting, LLC, where she helps organizations strengthen leadership, communication, and workplace effectiveness through science-based human performance training. She also serves as General Counsel for two U.S. Senate Commissions, bringing her legal expertise directly to bear on some of the federal government’s most sensitive institutional work. TJ served nearly three decades as an Air Force Judge Advocate and brings more than fifteen years of combined experience in federal service across both the Executive and Legislative Branches. Her legal background informs her work in ethics, conflict resolution, and workplace dynamics, with a particular focus on preventing disputes through effective communication and sound decision-making. She excels at developing individualized solutions — whether that means training, mentoring, resource allocation, or exit strategies — for organizations navigating complex human performance challenges. She holds a B.A. in Communication from the University of Colorado at Colorado Springs and a J.D., cum laude, from The John Marshall Law School.

Education & Credentials

TJ holds a Bachelor of Communication from the University of Colorado at Colorado Springs and a Juris Doctor, cum laude, from The John Marshall Law School. Her nearly three decades of service as an Air Force Judge Advocate provided extensive legal and leadership training across operational, administrative, and legislative contexts. Her cum laude distinction at John Marshall reflects academic excellence in a rigorous legal curriculum, and her subsequent service as General Counsel to two U.S. Senate Commissions demonstrates the institutional trust her legal credentials and government experience have earned at the highest levels of the Legislative Branch.

Recognition & Leadership

TJ's recognition is grounded in the sustained trust placed in her across the military, executive, and legislative branches of the federal government. Her nearly 30-year Air Force JAG career — spanning operational legal support, ethics, conflict resolution, and command advisory roles — reflects a record of professional excellence and institutional reliability that is rare in any career field. Her dual appointment as General Counsel to two U.S. Senate Commissions represents a continuation of that trust at the legislative level, and her founding of Ardaithe Consulting reflects recognition by private and public-sector clients of the practical value her science-based human performance methodology delivers.

Professional Involvement

TJ is actively engaged in the federal legal and national security professional communities through her Senate Commission work and her consulting practice. At Ardaithe Consulting, she designs and delivers training programs focused on leadership communication, workplace effectiveness, ethics, and conflict prevention for organizational clients across government and the private sector. Her Air Force JAG background gives her particular expertise in the intersection of legal ethics, command climate, and organizational performance — a combination she brings to bear on civilian workplace challenges with direct and practical effect.

Experience

TJ McGrath's career represents nearly three decades of distinguished legal and leadership service to the United States Air Force, followed by a seamless transition into federal civilian service and entrepreneurial consulting. As an Air Force Judge Advocate, she advised commanders on the full range of military law — operational law, administrative proceedings, ethics, labor relations, and conflict resolution — across a career that spanned multiple commands and duty stations. Her subsequent service in both the Executive and Legislative Branches, culminating in her current dual role as General Counsel to two U.S. Senate Commissions, reflects a practitioner of exceptional versatility and institutional credibility. At Ardaithe Consulting, she translates that experience into actionable, science-based human performance training that helps leaders and organizations prevent conflict, communicate more effectively, and make better decisions under pressure.
James Noel

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

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.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.2
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Approved
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Pending
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Pending
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs