Lawyer outlines risks for Corinthians in possible José Martínez termination | OneFootball

Corinthians face legal hurdles over any move to terminate José Martínez’s deal after the midfielder returned from holiday with an anterior cruciate ligament injury to his left knee and reported back late.

According to Meu Timao, the club want to rescind his contract, and sports lawyer Renan Gandolfi says Brazilian law, the CLT and FIFA regulations do not support a unilateral dismissal without cost, even if the injury happened on holiday.

Gandolfi argues the situation does not permit the club to end the deal unilaterally without payments, and that doing so without judicial authorisation could leave Corinthians liable for remaining salaries and for material and moral damages.

He adds that any attempt to claim just cause would require strong proof of serious misconduct, such as job abandonment or a deliberate breach of contractual duties. For now, the safer outcomes are to maintain the contract or reach an amicable settlement.

The club’s irritation dates back to the start of the year. While the rest of the squad returned on the third of January, Martínez was in Venezuela attempting to renew his passport, as previously agreed.

He said the delay was due to political turmoil in his home country, citing the claimed capture of President Nicolás Maduro by the United States. Martínez finally joined on the seventh of February, more than a month late, which annoyed the board and Dorival Júnior’s staff. The head coach confirmed it last Sunday.

Source: Meu Timao