Can employer fire me because I applied at defense company?

#1

May-28-2019 : CJO [DoD Secret (contractor)]

June-11-2019 : I submitted eQIP to DoDCAF. (Secret )
July-06-2019 : Credit Report Pulled out
July-12-2019 : The Investigator contacted my current supervisor and HR
July-30-2019: Interview with investigator (150 minute)
Aug-06-2019 : Phone with investigator (I was asked two things)

No alcohol
No drug,
No crime

I’m a naturalized US citizen.
I’m foreign birth and came to United State for my Ph.D Study (mechanical engineering).
My children and wife are U.S. citizens, and all other relatives are living in foreign country.
I’ve worked in oil & gas industry until 2016, and got laid off in Jan 2016, I filed chapter 7 bankruptcy in Aug 2016, and discharged in Nov-2016. employer filed chapter 11 bankruptcy due to low oil price. I got new job in Sep-2016.

The investigator contacted(mailed) my supervisor and HR. If applicant is a naturalized US citizen. Timeline is more than 18 months.
Question-1)
within 18 month, Can employer fire(or layoff) me because I applied at defense company?

Question-2)
My interim clearance is still open. not been granted for two months. Should I consider interim is denied?

#2

If you work in an “at will” state you can be fired for anything basically.

I wouldn’t worry too much about it though…employment is not like how it was with our parents generation and those before them where they’d work at the same place for 30 years. People change jobs frequently nowadays and employers know this.

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#3

If you survived the bankruptcy and recovered on FICO I would not worry about that. Loss of a job, income, can get precarious fast. It will take a while with the foreign birth and connections requiring investigating. Yes you can be fired for no reason. But hopefully they need your education and skill set so it would take a while to get a replacement. I would sit with them and be frank. You really do not know you will clear, so you can tell HR if you did not or could not…you will not be leaving. Even if you do clear, you may not like the offer. I would frame it as wanting to demonstrate allegiance to your new country. And getting cleared is a big stamp of approval. If you are in a decent compensation spot they may see if they can boost pay to keep you. Or they may get their feelings hurt and replace you.

#4

I was naturalized 5 years ago. I did not get interim because of that.

#5

I asked to Clearance Processing Center for interim clearance status

I asked
My interim clearance was not granted does that mean it was denied or is it still pending?

Response from Clearance Processing Center
This is still an open investigation. Each person’s eQIP is different, some may take longer or shorter than others. Once it is with the government we do not have any way of knowing when it will be completed. Yours is still being processed and as soon as they have completed it we will let you know.

My Interim was not granted for two months. Do I have to wait or give up interim?

#6

What do you mean by giving up the interim?

You mean giving up on the job?

#7

My English was not clear. My meaning is to consider interim clearance as being denied.

#8

My understanding is just bc you didn’t get Interim doesn’t mean you won’t get full. I really depends on government. You said they told you it’s still processing and you will be notified.

#9

The interim is granted after a fast check for obvious items that require scoping prior to granting or denying. Not getting an interim, is by no means a thumbs down. It just means you cannot get access today until the items in question are scoped. I’ve seen many interim’s denied, but the full clearance comes through.

#10

Do you mean the applicant could still get Full clearance depending if the sponsor doesn’t remove the applicant which would then create a discontinuance status?

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#11

Absolutely. DO not be discouraged by an interim denial. That happens all the time. If they see charged off debt or an arrest, foreign travel, they can deny the interim until it is investigated. If it is all clear…the full clearance is granted. If it isn’t one can still challenge and find a good cleared lawyer. One thing is certain getting a denial is not the end of the road and the appeal is not a rubber stamp of the denial. Plenty get overturned. All the time. If they say you have bad decisions on debt, correct them, get in good standing. Do whatever they tell you to do to rectify the situation. Not 90%, certainly not 80%. Accomplish all that they tell you to do. I have seen appeals where the person caught up on most of the debt, but left others hanging out there. Denied.

#12

Is a new SF86 required to re-initiate a JPAS due to interim declination or is previous used? Does applicant get to previous SF86 and an opportunity to address the issues ie., investigation findings etc?
Thanks

#13

May-28-2019 : CJO [DoD Secret (contractor)]

June-11-2019 : I submitted eQIP to DoDCAF. (Secret )
July-03-2019 : Interim Clearance was granted
July-05-2019 : Background Investigation Open
July-06-2019 : Credit Report Pulled out
July-3rd week-2019 : Interim clearance was withdrawn
July-12-2019 : The Investigator contacted my current supervisor and HR
July-30-2019: Interview with investigator (150 minute)
Aug-06-2019 : Phone with investigator (I was asked two things)

Interim clearance was withdrawn, not long after background investigation was opened