The Atlanta Journal-Constitution reports that James Stephens was talking to his wife in 2016 about his boss, Georgia Subsequent Injury Trust Fund Director Mike Coan, who is a former state lawmaker. Not liking what he heard, Coan told Stephens he could resign or he could be fired when he arrived at work the next day. ATLANTA (AP) — A man who lost his job is suing his former boss for listening in on a conversation over the phone after the man accidentally "pocket-dialed" his boss. Coan, who is being represented by state Attorney General Chris Carr, argues that he is immune from Georgia’s eavesdropping law because he was acting as a state employee. Stephens has now filed a lawsuit, arguing that Coan knew he'd been inadvertently pocket-dialed, but continued to listen to the conversation, violating Stephens' privacy.
– For 12 minutes, James Stephens ranted to his wife about his boss. Then he realized that while he was ranting, he had pocket-dialed the man, Georgia Subsequent Injury Trust Fund Director Mike Coan, who heard the whole conversation. According to Stephens, who lost his job, that means Coan broke the law. In a civil lawsuit highlighted by the Atlanta Journal-Constitution, Stephens says Coan violated his privacy and Georgia's eavesdropping law by not hanging up when he realized the call from his employee was a mistake. "Rather than simply hang up, [Coan] proceeded to violate Georgia law by intentionally acting in a clandestined manner and listening in to a private conversation between Mr. Stephens and his wife Gina inside the Stephens' private residence," his complaint states. The state law is clear on cases where a person uses recording devices to eavesdrop on a private conversation. "It's an inadvertent pocket dial where it makes the question a little more gray," a civil rights attorney tells the Journal-Constitution. Stephens' attorney says the case could reshape Georgia law. But Coan—a former state lawmaker who oversees workers' compensation claims, per the AP—is adamant he wasn't in the wrong. He heard the call as a state employee "acting within the scope of his official duties," his lawyer says. He also explains why Stephens was told to resign or be fired: "Given Stephens' opinions and criticisms of Coan," it was clear the pair "could no longer have an effective working relationship and Coan could not trust Stephens as a subordinate."