Talking through your butt can result in unintended consequences

[Alamo]

Georgia man sues former boss after butt dial costs him his job

James Stephens and his wife were at home one night complaining about his boss who overheard because James had pocket dialed him. The next day, James says he was given a choice: resign or be fired. He resigned. Now, he and his wife are suing, claiming that eavesdropping was illegal.

...

A state judge now has to decide whether Coan was acting in his official capacity as a state supervisor and therefore deserves immunity. If the judge rules this was a case of one private person eavesdropping on another, then this case moves forward.

So once again we need to review the four rules:

1. Phones are always listening.

2. Never keep any contacts in your phone for whom you are not willing to share secrets that can destroy your life.

3. Keep your finger (or your butt) off of the send button until you really sure you want to call/text.

4. Be sure of the recipient.

 

[K_W]

I see what you did there...

 

[Rookie]

How is this eavesdropping? Dumb ass called his boss. I don't know about anyone else, but if someone I know calls me, I typically answer the phone.

 

[indykid]

How is this eavesdropping? Dumb ass called his boss. I don't know about anyone else, but if someone I know calls me, I typically answer the phone.

Agree, but in this day and age where judges make laws and can change the meaning of a constitutional right, sadly anything goes.

 

[Rookie]

"Lawyer David Guldenschuh represents the Stephenses. He argues the conversation was private, Coan knew it, and was legally obligated to hang up.

"You may not use an electronic device to listen into a conversation you know to be a private conversation," Guldenschuh said."

THE DUMB ASS CALLED HIS BOSS! That's not a private conversation.

 

[GodFearinGunTotin]

I don't know...You might be able to make the case that yeah, he called his boss (by accident). The boss did nothing wrong by answering and maybe hanging on for a bit trying to determine if it was a legit call (we've all gotten those that takes a few seconds to determine if the call was a hang-up, bad connection, butt-dial, etc.). But at some point, it's obvious the call was a mistake and he wasn't the intended recipient of the information.

 

[Woobie]

There are only 3 rules to phone safety.

 

[Spear Dane]

Why do you keep saying "He called his boss!" Actually, no, he didn't. His phone did and without his knowledge. That's why it's called a butt dial. If the law supports it, this guy has a case and should win.

Eavesdropping is secretly listening to the private conversation of others without their consent, as defined by Black's Law Dictionary. The practice is commonly believed to be unethical.

 

[Mgderf]

"Talking out your butt..."
When I read the title, I had a whole different idea of what this thread might be about.

It reminded me of something my dad used to tell people round him if he caught them farting.
He would tell them, "Well, your voice is changing, but your breath smells the same!"

 

[rob63]

Eavesdropping or not, what kind of douchebag thinks he needs to fire somebody just for complaining to his own wife? I'm guessing the fired guy isn't the only employee talking about what an idiot he is.

 

[Rookie]

Why do you keep saying "He called his boss!" Actually, no, he didn't. His phone did and without his knowledge. That's why it's called a butt dial. If the law supports it, this guy has a case and should win.

Eavesdropping is secretly listening to the private conversation of others without their consent, as defined by Black's Law Dictionary. The practice is commonly believed to be unethical.

His phone was in his possession. Whether it was intentional or not, he called his boss. My wife has a habit of calling her phone after every call to avoid accidental dialing. To me, it's a matter of accepting responsibility. Intentional or not, he screwed up.

 

[Rookie]

Eavesdropping or not, what kind of douchebag thinks he needs to fire somebody just for complaining to his own wife? I'm guessing the fired guy isn't the only employee talking about what an idiot he is.

That's the thing, the dumbass resigned. He should have made his boss fire him.

 

[churchmouse]

Eavesdropping or not, what kind of douchebag thinks he needs to fire somebody just for complaining to his own wife? I'm guessing the fired guy isn't the only employee talking about what an idiot he is.

Or there is a lot more to this.

 

[russc2542]

Or there is a lot more to this.

Agreed. If the boss is worth $.02, nothing new was learned. There might be things that could muddy the water (sharing company proprietary info, outlining company business strategy, arranging a hit) but just bellyaching to the wife... then again, a good manager that would be more reasonable probably wouldn't be complained about in the first place. Put differently, talking about something fire-able is different than just complaining about him.

 

[actaeon277]

If only phones had a "lock" feature.

 

[rhino]

There are only 3 rules to phone safety.

 

[amboy49]

Why do you keep saying "He called his boss!" Actually, no, he didn't. His phone did and without his knowledge. That's why it's called a butt dial. If the law supports it, this guy has a case and should win.

Eavesdropping is secretly listening to the private conversation of others without their consent, as defined by Black's Law Dictionary. The practice is commonly believed to be unethical.

I think, based on your logic, that if “my gun shoots somebody” I am not at fault (?). Have I got that right ?

 

[hopper68]

Hard to butt dial with my flip phone.

 

[DRob]

Hard to butt dial with my flip phone.

Yuuup! And the longer I have a "smart phone" the more I wish I still had a flip phone.

 

[amboy49]

Eavesdropping or not, what kind of douchebag thinks he needs to fire somebody just for complaining to his own wife? I'm guessing the fired guy isn't the only employee talking about what an idiot he is.

Let’s see - regardless of how this guy’s boss found out, the boss now knows that he has a disgruntled employee who, at best, holds his boss in low esteem. Further, if the guy is willing to talk to his wife about him, he’s probably also capable of talking to fellow employees and undermining his boss’ authority. So, as a boss I guess I have two options. (1) talk with the employee and try to learn about why he is disgruntled or (2) talk to the guy and tell him he is fired. Don’t know if it is an “at will” state like Indiana, but he can fire the employee at his discretion. The employee, given a choice, should not have resigned. At the very least he would have received unemployment compensation. Having resigned I would assume he gets nothing.