Investigation into top Philadelphia Union executive still ongoing as new season looms | Philadelphia Union

Philadelphia Union sporting director Ernst Tanner continues to be under investigation by Major League Soccer and remains on administrative leave with no resolution expected soon, multiple sources told the Guardian last week.

Tanner was the subject of numerous misconduct allegations raised by a Guardian investigation late last year, including a complaint filed by the MLS Players’ Association with the league alleging multiple instances of racist, sexist and homophobic behavior. After the Guardian published its article, the union placed Tanner on administrative leave and the MLS reopened an investigation into his behavior that had been closed in early 2025 due to a lack of corroboration. Tanner has always denied the allegations, saying he would fully cooperate with the league because he “[works] to clear my name and reputation.”

MLS’s initial investigation was conducted by an in-house lawyer, but the league retained employment law firm Littler Mendelson to handle the new probe, said multiple sources with direct knowledge of the matter who, like all sources for this report, spoke to the Guardian on condition of anonymity. Littler Mendelson is an international law firm specializing in labor and employment law. Among other notable clients, the firm has represented Starbucks, Amazon and Delta Air Lines in their anti-union efforts.

However, the investigation has reached no conclusions in the three months since its reopening. The Guardian understands that the delay was partly because investigators reached an impasse over non-disclosure agreements (NDAs) that remain in place between some potential sources and the Union.

It’s quite common for MLS clubs to ask departing employees to sign NDAs, which typically prohibit them from speaking about their experiences at their former employer. Multiple sources with knowledge of the ongoing Tanner investigation said that because of these types of deals, some potential interviewees have not received adequate assurance from investigators that they will not face legal action if they participate.

The Guardian understands that MLS had hoped a new investigation would circumvent existing NDAs, with the league previously offering assurances to potential sources in its initial effort. Two sources close to the ongoing investigation told the Guardian last week that several potential sources involved in the investigation did not believe they had received adequate assurance that they would be released from the terms of these agreements.

“Anyone under an NDA with the Philadelphia union has been granted, or would be granted upon request, a release to fully participate in the investigation,” a union spokesperson wrote in a statement to the Guardian. MLS deferred comment to Littler Mendelson.

“We have engaged – and continue to engage – with individuals subject to non-disclosure agreements and are taking appropriate steps to facilitate their participation in this investigative process,” Littler shareholder Kris Derewicz wrote in a statement to the Guardian. “As this is an ongoing investigation, we are not at liberty to provide additional details.”

Tanner was placed on leave on Nov. 19 and has since spent most of his time in his native Germany, sources close to Union front office operations said last week. The Union front office has been active in recent weeks, adding players from Colombia and Denmark while unloading others within and outside of MLS. A league source with direct knowledge of one of those transfers told the Guardian that Tanner was not involved in negotiations surrounding that player, with discussions instead being handled by Union owner Jay Sugarman alongside assistant sporting director Matt Ratajczak.

Since joining MLS in 2018, Tanner has been widely regarded as one of the league’s most successful sporting directors, having helped build a string of consistently competitive Union teams on a shoestring budget. Unlike other global leagues, MLS has a soft salary cap and a complex system of rules and regulations designed to allow even the league’s smallest teams to be competitive. Tanner has proven to be a good match for Philadelphia, which is often one of the most economical teams in the league.

Before his arrival, the Union had only qualified for the MLS playoffs twice in its eight-year history. Under Tanner, Philadelphia has made the playoffs every year except 2024 and reached the 2022 MLS Cup Final, a performance that earned Tanner the league’s Executive of the Year award.

MLS club sporting directors have varying degrees of power; At the Union, Tanner oversees nearly every facet of the club’s sporting operations at a granular level, working closely with the club’s youth academy. This youth roster produced several members of the U.S. national team and often provided the Union with a valuable source of revenue via outgoing transfers, with Philadelphia raking in approximately $43 million in player sales under Tanner’s watch.