Benitez could take legal action
16th January, 2008
After Liverpool co-owner Tom Hicks admitted that talks had been held with Jurgen Klinnsman about taking over as manger of the club, Benitez has a case for resigning and taking £6million with him.
A leading employement lawyer believes the Spaniard has a strong claim for constructive dismissal. Benetiez would have to resign first and then take legal action, but it is more likely that a pay-off would stop the case going to court.
Richard Linskell, employment partner with Dawsons, told PA Sport: "He may well of course have an American approach to employment law, and in America they have what is called employment-at-will and they can say what they like and dismiss people without any repercussions."
"He may be coming from a legal system where he can say that sort of thing without fear of legal consequences. I am not an expert on the American legal system but I am aware of the basics. I couldn't really say whether he has even thought about the issue or whether he has just shot from the hip, as people in that sort of position often do."
He continued: "When someone is claiming constructive dismissal, which is what, I understand, it has been suggested Rafa Benitez has been saying, they are basically saying their contract has been breached by the company as a result of the conduct - in Benitez's case the conduct is openly plotting his replacement, effectively, and briefing the press - and I don't know what other allegations he might make.”
"What he'll be saying is 'well okay, I'll be resigning, and I'll be claiming for the period you would have had to pay me had you not breached my contract'. In his case that would be to the end of the contract which I understand is about two years and I understand the figure being talked about is about £6million."
