Colin Cowherd is usually the guy with a hot take, but even he seemed stumped by this one.
The FS1 host used his platform on Thursday to weigh in on the sudden firing of San Antonio Spurs broadcaster Jacob Tobey, who was let go after his girlfriend publicly accused him of cheating. Cowherd’s response wasn’t just surprise. It was confusion.
“You can get fired in America for cheating on your girlfriend. I had no idea that was legal,” Cowherd said on The Herd. “That literally happened. It’s a big story. You can get fired in America for cheating on, not your wife, [but] a girlfriend.”
He paused for a second, then added with a laugh, “It feels like he should hire an attorney.”
Cowherd ended the segment by calling it “a crazy story.” And yeah, it is. But maybe not for the reasons he thinks.

What Actually Happened with Jacob Tobey
The details make the story messier than just a breakup gone public. Tobey’s now ex-girlfriend took over his Instagram account while he was apparently asleep. She posted a photo of the two of them along with a caption that named names.
“This is my girlfriend of six years. But I cheated on her with Loren Waters,” she wrote. “So feel free to continue following me if you really think I’m a good guy because I’m not. :)”
Loren Waters is the sister of Lindy Waters III, a former Spurs player. That connection probably didn’t help Tobey’s standing with the team.
In another post shared by Spurs Uncensored on Facebook, Tobey’s ex said she found out about the affair while visiting his family. She said she was three days into a two-week trip when she discovered what happened. His parents allegedly made him take down the Instagram story after he woke up.
“You can be 6 years in visiting grandparents one hour and sleeping in bed the next at his family home and they still will cheat,” she wrote.
So Can You Actually Get Fired for Cheating on a Girlfriend?
Short answer. It depends.
Most states in the U.S. operate under at-will employment, which means a company can fire someone for almost any reason as long as it doesn’t violate discrimination laws. Cheating on a girlfriend isn’t a protected class. So technically, yes, the Spurs could decide that public behavior like this reflects poorly on the organization and move on.
Was it fair? Cowherd doesn’t seem to think so. But the team hasn’t commented on the specifics, and Tobey hasn’t said whether he’s actually lawyered up.
The whole thing feels less like a legal gray area and more like a cautionary tale about what happens when private drama goes public. Especially when your girlfriend has access to your phone.

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