I'm going to my attorney tomorrow

It's character assassination, plain and simple. Sue ERAC and sue your current employer for slander, defamation of character, and mental anguish.

Originally Posted by Unregistrated

Can I sue ERAC since HR disclosed my all my writeups (and I mean faxed everything) to my current employer? I know I did not ask my current job to contact ERAC for a reference and now I got placed on probation at my current job because of them. I'll admit wrongdoing on my part for my writeups at ERAC but I thought our employee files were supposed to be confidential otherwise.

It depends on the state you live in. You can in California.
Honestly though, for $100, skip the attorney, file a claim with the Department of Labor. There will be a hearing and you can represent yourself. The administrator will side with you most likely if you handle yourself respectably and erac will pay.

Attorneys cost too much.

[Robert]

Originally Posted by Eat The Haole

Yes, and sue the hell out of them. Even make stuff up, like Kevin Spacey was going to do to his boss in "American Beauty". Tell everyone your ARM was going to blackmail you unless you performed sexual favors for him. Focus any guilt or blame on him.

DO this!

Originally Posted by Unregistrated

Can I sue ERAC since HR disclosed my all my writeups (and I mean faxed everything) to my current employer? I know I did not ask my current job to contact ERAC for a reference and now I got placed on probation at my current job because of them. I'll admit wrongdoing on my part for my writeups at ERAC but I thought our employee files were supposed to be confidential otherwise.

In theory employee files are supposed to be confidential. By law in New Jersey your former employer cannot give you a bad reference regardless of you giving consent for your new employer to contact them. They can only say that you were employed with ERAC and that you were employed from start to finish and that's it. They cannot say you were a bad employee let alone give specifics.

In your case if you said for your current employer not to contact Enterprise and they did anyway then you most likely have a case against your CURRENT employer. If Enterprise disclosed your file without your consent let alone fax your entire disciplinary history to your current employer that would be deemed harassment and maybe worst-case scenario malicious mischief.

[cereal rapist]

What exactly did you do? A former employer can actually be sued by the current employer if they did not disclose gross negligence on your part. ERAC's policy, i've always heard, was not to say anything but when you worked there so what you did must have been pretty bad or that is a renegade HR dept.

[cereal rapist]

Originally Posted by Unregisteredx

I find it hard to believe that a CURRENT job can put you on probation for something you did at your FORMER job. Something does not seem right about this......

You're almost always hired on a 90 day probation period. If they feel you lied on your application, you can be suspended or fired pretty easily.

Originally Posted by cereal rapist

What exactly did you do? A former employer can actually be sued by the current employer if they did not disclose gross negligence on your part. ERAC's policy, i've always heard, was not to say anything but when you worked there so what you did must have been pretty bad or that is a renegade HR dept.

Doesn't matter what he/she did. Even if it was something where the person got been fired at their previous job the employer cannot disclose their record let alone disciplinary file, they can only disclose that they worked there and when. Especially if they faxed everything to their current employer where lots of people can see then as far as I'm concerned they'd have a case for harassment, it's certainly something the police would be involved in.

[cereal rapist]

Originally Posted by 123456789

Doesn't matter what he/she did. Even if it was something where the person got been fired at their previous job the employer cannot disclose their record let alone disciplinary file, they can only disclose that they worked there and when. Especially if they faxed everything to their current employer where lots of people can see then as far as I'm concerned they'd have a case for harassment, it's certainly something the police would be involved in.

It does matter what they did, especially in certain states. If they came to work drunk and killed a customer when on a pick up, ERAC would be liable if they did not tell the company why they were fired if they were going to be driving a car as a main requirement of their new job.

Originally Posted by cereal rapist

It does matter what they did, especially in certain states. If they came to work drunk and killed a customer when on a pick up, ERAC would be liable if they did not tell the company why they were fired if they were going to be driving a car as a main requirement of their new job.

Going to work drunk and killing someone the new job can easily find that out through a criminal background check.

[cereal rapist]

Originally Posted by Da Mayor of ERAC

Going to work drunk and killing someone the new job can easily find that out through a criminal background check.

same deal for embezzlement or if the person wasn't drunk and killed someone.