Sharing fiery views at work about the Massachusetts mom accused of killing her three young children could get you canned and still be legal, according to an expert on employment law who is following the case.
Lindsay Clancy, 36, is accused of strangling her children — Cora, 5, Dawson, 3, and Callan, 8 months — and trying to end her own life by dropping from a second-floor window after sending her husband to pick up takeout and something from a pharmacy, according to the Plymouth County District Attorney’s Office.
The case has drawn national attention, pro-Clancy protesters to the courthouse and impassioned discussions about who is responsible online after her defense argued she is not guilty by reason of insanity or mental defect.
“That disciplinary measure, it’s not on its face illegal if you get fired for starting, you know, fiery speech about Lindsay Clancy and how you support her,” said Nicole Brenecki, a New York-based attorney who specializes in employment law.
Still, Brenecki warned, a fired employee could still raise legal concerns if their Clancy-related statements were used as a pretext to get rid of them for other reasons.
“If a case like this came to the court system, it would not be viewed in the context of the free speech alone,” she said. “It would also be viewed in the contexts of employment laws.”
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