Roberto Alomar Fired Over Workplace Harassment

Hall of Fame second baseman Roberto Alomar has been fired by Major League Baseball and the Toronto Blue Jays following a workplace complaint, multiple media outlets are reporting.

The former Blue Jays star has been accused of sexual harassment by a woman who reported the issue months ago. The individual alleges that Alomar engaged in inappropriate conduct during an incident that took place in 2014. Sources say that the complainant is pursuing a lawsuit against the baseball veteran, the Blue Jays and MLB.

Alomar worked for the MLB as a consultant, and for the Blue Jays as a special assistant to the team.

MLB Commissioner Rob Manfred announced that the organization conducted an internal investigation using an external legal firm.

“The Toronto Blue Jays support Major League Baseball’s decision to terminate Roberto Alomar’s consultant contract and place him on its ineligible list,” the team said.

In a statement posted to Twitter, Alomar says he is “disappointed, surprised and upset” with the news.

My statement: pic.twitter.com/4AXQeDH6vd

— Roberto Alomar (@Robbiealomar) April 30, 2021

What is considered harassment in the workplace?

Workplace harassment is defined broadly in provinces like Ontario, B.C. and Alberta. Harassment can include unwelcome conduct, comments, bullying, or other actions that cause a worker to be humiliated or intimated. Workplace sexual harassment falls under this category, and occurs when an individual makes unwanted comments or engages in inappropriate conduct towards a coworker because of sex, sexual orientation, gender identity or gender expression. The definition also includes unwelcome sexual advances towards a colleague by an individual in a position of power within the workplace.

What must an employer do with a workplace harassment allegation?

An employer has the responsibility to ensure that an employee’s environment is free from all forms of harassment. Accordingly, if an employee were to disclose that they were, or are, the victim of workplace harassment, an employer must investigate swiftly.

The employer must also be vigilant. If the employer is aware of potential misconduct that can be deemed harassment, an investigation must be undertaken – even if a complainant has yet to make their concerns known.

If the allegations are shown to have merit, an employer must take immediate, corrective action. This might include placing an employee on an “ineligible” list for further employment opportunities, or immediate termination, for example.

What are an employee’s rights misconduct is not taken seriously by the employer?

If an employee’s concerns are either not taken seriously or an employer simply ignores or permits the harassment, several consequences may follow.

Depending on the nature of the harassment, an employee can consider their employment constructively dismissed. This form of dismissal allows the individual to treat the situation as a termination of their employment, entitling them to a severance package.

In addition, if an employer fails to properly investigate the complaints brought forward, additional damages may be awarded. They employee may also be able to file a human rights complaint against the company.

Workplace harassment and termination for cause

While it has not been disclosed whether Alomar was terminated without cause, the law in Canada has shown that sexual harassment can indeed justify a termination for cause.

Canadian courts have had to tackle the issue of what constitutes and justifies a termination for cause. In so doing, the courts have clearly determined (most recently through Render v. ThyssenKrupp Elevator (Canada) Limited) that workplace sexual harassment is not tolerated and can support a dismissal for cause. With that being said, an employer must investigate all complaints appropriately and consider whether termination is a proportional response in the circumstances.

Did the MLB address this situation correctly?

In this case, a sexual harassment complaint was brought forward against Roberto Alomar regarding an incident that took place in 2014. In response MLB hired a law firm to investigate. Ultimately, MLB concluded that they were justified in placing Alomar on the ineligible list, and the Toronto Blue Jays concluded they were likewise justified in terminating Alomar from his employment with the team.

Employers have a duty to conduct a reasonable investigation in the workplace in order to pursue any claims of sexual harassment. Retaining a law firm allows for a liability-free workplace investigation. MLB did just that. In an effort to address the problem neutrally, a third-party was retained to investigate the complaint.

Following the conclusion of the investigation, MLB and the Toronto Blue Jays took swift action. While it remains to be seen whether Alomar can show that he has been wrongfully dismissed, both the MLB and the Toronto Blue Jays undertook the appropriate steps in response to the sexual harassment complaint.

If you believe that you are the victim of harassment in the workplace, you should contact an employment lawyer at Samfiru Tumarkin LLP to find out what your rights are and what your next steps should be.