Firing over Lindsay Clancy comments may be legal, employment lawyer says

An employment lawyer warned that workers who express strong opinions about Lindsay Clancy could be fired and that such discipline might be lawful, according to the attorney.

Nicole Brenecki, a New York-based employment lawyer, said employers generally may prohibit workplace discussions about the Massachusetts mother who is on trial. “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,” Brenecki said.

Lindsay Clancy, 36, is accused of strangling her three children — Cora, 5; Dawson, 3; and Callan, 8 months — and of trying to end her own life by dropping from a second-floor window after sending her husband to pick up takeout and an item from a pharmacy, the Plymouth County District Attorney’s Office has said. Jurors began deliberating after closing arguments Thursday and must decide whether she is guilty of first-degree murder, second-degree murder or manslaughter, or not criminally responsible by reason of insanity. Prosecutors say a first-degree murder conviction would carry a sentence of life without parole, and defense attorney Kevin Reddington has argued Clancy suffered postpartum psychosis.

Brenecki said a fired employee could still raise legal claims if an employer used comments about the case as a pretext to dismiss someone for other reasons. She said courts would consider workplace rules, whether the speech occurred during work hours, whether it disrupted operations and whether any protected class was targeted. “Every single case in our court system is very highly and intensely fact-based,” Brenecki said. She advised employees to avoid heated debates at work: “If you truly want to voice them in a workplace, then be prepared to have to find greener pastures.”

Others have faced nonemployment consequences related to the case. In a TikTok video, attorney Alex Thomason said he has spoken with men involved in custody disputes with women who posted messages of support for Clancy and that he is seeking to use those posts in legal proceedings. Dozens of supporters have rallied outside the courthouse, carrying signs and wearing shirts saying “Stand in Peace for Lindsay,” according to Fox News coverage.

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