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

Moderator, TJ McGrath, General Counsel | Medicare Payment Advisory

T.J. McGrath serves as the General Counsel for the Medicare Payment Advisory Commission advising the Executive Director on legal and business matters. Prior to MedPAC, she was the General Counsel at the Congressional Budget Office, and Associate General Counsel for the TRICARE Management Activity now the Defense Health Agency. She served 12 years on active duty with the Air Force Judge Advocate General Corps and 18 years as a reservist.

T.J. co-founded Ardaithe Consulting LLC, developing tailored durable soft skills training for leadership and staff. Specializing in Resiliency Training, Resolving Workplace Disputes, and Leading Teams, she has deployed training modules on Ethics, Sexual Harassment, Bystander Intervention, Mindfulness, and De-escalation.

For the FBA she currently serves on the Professional Development Committee and is a member of the Labor and Employment Law Section.

James Noel, Counsel | McConnell Valdés LLC

James Noel is Counsel, Labor & Employment Law Practice Group for McConnell Valdés LLC. Mr. Noel has provided advice and has represented employers in all areas of federal and Puerto Rico employment law.

Mr. Noël has vast litigation experience in both state and federal courts. His initial assessment to clients is based on years of experience and takes into consideration the nature of the claims, the opposing counsel, the state-court judge, and the potential exposure of a jury trial, among other criteria.

Mr. Noël has handled matters involving more specialized knowledge than the usual employment case, such as the Railway Labor Act, the National Labor Relations Act, the Federal Arbitration Act, ERISA, and COBRA. He has also 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.

In addition to litigation, Mr. Noël has handled numerous due diligence matters, including the purchase or sale of businesses in Puerto Rico, as well as labor and employment audits.

He is the 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; a Fellow of the Foundation of the FBA; and a member of the Board of the Labor and Employment Section of the FBA.

Mr. Noël provides advice to Corporación La Fondita de Jesús, a non-profit organization which helps people who have problems with controlled substances kick the habit. He has also provided pro bono services in Federal and State Courts.

Jon Wall, Member | Higgins Benjamin PLLC

Jon Wall practices employment litigation with Higgins Benjamin, PLLC, in Greensboro, N.C. He currently serves as Treasurer of the Employment Law Section of the Federal Bar Association, and he is a past chair of the employment law sections of the North Carolina Bar Association and the North Carolina Advocates for Justice. A graduate of Duke University and Washington & Lee University School of Law, Wall currently sits in the Board of Advisors of Elon University School of Law and the North Carolina Wildlife Federation.

I. General discussion of anti-bullying laws and liability under other laws which is created by toxic employees (James Noel) | 2:00pm – 2:35pm

II. Strategies for working with a toxic employee (Jon Wall) | 2:35pm – 2:45pm

III. Hypotheticals related to toxic employees and how to handle | 2:45pm – 2:55pm

IV. Questions from audience | 2:55pm – 3:00pm