Butt-Dial To Boss Leads To Loss Of Job, GA Lawsuit

LAWRENCEVILLE, GA — Former state employee James Stephens, from Cedartown, Georgia, accidentally butt-dialed his boss and now he has a new job and is suing his ex-boss.

In January 2016, Stephens worked as the chief financial officer for the Georgia Subsequent Injury Trust Fund. His supervisor, Mike Coan, the director of the organization, called him at home after hours one evening, as happened often, according to Stephens' lawyer David Guldenschuh.

"His boss called my client's private cell phone from his own private cell phone," Guldenschuh said. "They were both at home when the conversation took place, which tangentially was work related. When the conversation ended, my client walked into the kitchen and, after a time, touched his phone and pocket-dialed his boss.

"The boss determined my client was not talking to him but listened for about 12 and a half minutes," Guldenschuh said. "James and his wife spoke about the phone call he just had with his boss. Mrs. Stevens made some unflattering comments about his boss which the boss took negatively. So the boss ended up firing my client."

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The next work day, Stephens was asked to attend a meeting with his boss and a human resources representative.

"The boss said, based on the conversation he heard, Stephens could resign or be fired," Guldenschuh said. "James didn't want it to compromise future state jobs, so he resigned. It's referred to as a 'constructive discharge.'"

It was shortly after that that Stephens decided to sue his ex-boss for eavesdropping and invading his privacy. Coan lives in Gwinnett County so the lawsuit is filed in Gwinnett County State Court.

"From what Mr. Coan heard Mr. Stephens say during the second phone call, it was evident to Coan that, given Stephens' opinions and criticisms of Coan and his job performance, Stephens and Coan could no longer have an effective working relationship and Coan could not trust Stephens as a subordinate," reads Coan's response to the lawsuit.

"The lawsuit is against Coen, personally," Guldenschuh said. "Not against the State. Regardless, the Georgia Attorney General decided to step in and defend [Coan] because he is employed by the State. [The AG] is elected to defend the citizens of the State and I think he's in an untenable position."

A spokeswoman for Georgia Attorney General Chris Carr, who is representing Coan, has told media the office does not comment on matters that are pending.

"[The AG] is saying the eavesdropping was part of an official act by a State employee," he said. "The AG should be protecting the citizens of the State, not the questionable conduct of an official employee of the State of Georgia, trying to escape a Georgia felony statue."

Guldenshuh, who is representing both Stevens and his wife, Gina, said the AG has filed a motion to dismiss the case and a decision will be made by a judge in about 45 days.

"The court will decide if Mr. Coan was acting as an official of the State or a private citizen," he said. "If he decides [Coan was acting as an official of the State], we'll definitely appeal."

Photo courtesy David Guldenschuh