That’s not a contradiction. They actually support each other. Why would someone make eye contact with a person who flips out. (Not saying you did).
Not the job of the investigator. The rest is.
Not the job of the investigator.
What do you mean they kept putting you in for a clearance? So they started a TS, then stopped it only to start it again?
Thank you very much for your advice. Please read my other posts to this forum.
Thor,
Thank you so very much for your comment. I appreciate when flaws are found in the words I choose to express my situation.
The witness was making a true statement when he said I didn’t communicate with employees, and that I was so non-communicative that I wouldn’t even make eye contact with some employees. (There were months when the only employee I chose to speak to was the cafeteria cashier.) I deliberately restricted close to 100% of my communication to email, to prevent the employer from claiming I said anything improper in the workplace.
(The first thing the military teaches us is to maintain our military bearing in the most stressful conditions imaginable. I would not have held a Top-Secret clearance in the military for 30 years if I “flipped out” in the workplace. I have never even raised my voice in the workplace. The witness lied.)
You asked, “What do you mean they kept putting you in for a clearance? So they started a TS, then stopped it only to start it again?” My answer is “yes.”
The employer told me there were no Top-Secret programs in my workplace. (I have email confirming this.) I told the employer that even if Top-Secret contracts did exist in my workplace, I would refuse to work Top-Secret programs for them. (I have an email confirming this also.)
The FSO then loaded my JPAS file with fake adverse information, and submitted a request for the government to open an investigation and adjudicate me for a Top-Secret clearance anyway.
In other words, the FSO was portraying me as a massive security threat, while simultaneously struggling to raise my clearance level from Secret to Top-Secret.
I met with the Investigator in 2019 and told her what my employer was up to. The government closed the investigation. Thereafter, the FSO submitted another request to re-open the investigation and adjudicate me for the Top-Secret clearance that I still did not need, still did not want, and still would not accept. He then sent more fake Incident Reports to JPAS. It should be obvious to everyone knowledgeable in security clearance law what the FSO was up to.
I realize I have gone “off-topic” so I need to make something clear. I did not post to this forum to complain about Investigators. I really appreciate those of you who told me Investigators have no responsibility to confirm the veracity of witness statements. My goal is for JPAS to remove the flag on my file, or for the CAF to issue an SOR. I want my day in court.
There is nothing that the investigator can do. You can have references, but you don’t run the investigation. I don’t mean that disrespectful at all. But if we let the subject give us all the leads, then you would be “running” your own investigation. Since you stated that they flagged your clearance, they will absolutely get information from your FSO. Speaking to your supervisor is also something that would be done. Once the investigator sends in your report And it’s released to the agency, we never see it again.
Thank you for your response. I understand your point. Subjects of the investigation should not decide who the investigator interviews. On the other hand, people who are trying to manipulate the investigator (and the CAF) should not be making that decision either. They sent a fake incident report to JPAS, and then lied to the investigator. I requested to meet with the investigator to provide evidence, but was denied.
You helped me understand how the system works, but clearly the system is flawed. I’m learning that when an FSO lies to the government, those lies get replicated through information systems all over the government. So far it has been impossible for me to stop that, or establish the truth.
What do you mean “released to the agency?”
My clearance was not due for re-adjudication. So, my FSO told the government they needed to raise my clearance to Top Secret. Then he loaded my JPAS file with fake Incident Reports. I told the government I did not want a Top Secret clearance. The government closed the investigation. It appears my FSO requested the upgrade to Top Secret again, and sent more fake Incident Reports to JPAS. The government closed the investigation again. How do I know if anything was released to an agency? How do I know what agency? Can I send a FOIA to that agency?
The agency would be whoever requested the clearance for adjudication. Still not sure how it can be opened and closed and then reopened.
Dear Mr. thor,
It’s clear you’re not sympathetic to my plight. Feel free to object to everything I post. Thank you for challenging me.
Joe
Thor,
Who is “whoever”?
Is that the employer, or the government agency the employer is working for?
It appears that the investigation was opened, closed, and opened again based on requests by the employer. How do I establish who did what?
Thank you so much for your response.
I am not sure how my comments can be taken as unsympathetic.
I am still trying to figure out how an investigation can be opened, closed and then opened that fast. Those investigations cost significant amounts of money.
The “whoever” should be the agency that sponsors your clearance, DOD, DHS etc.
I stated, “The adjudication system is obviously unjust, when a man is presumed guilty until proven innocent” You replied, “I don’t have an issue with this.” That’s okay. I still value your opinion.
The FSO submitted me for Top-Secret adjudication in August 2018. The Investigator interviewed me in April of 2019. I told the Investigator I would not accept Top-Secret work from my employer, because they were trying to bring about the revocation of my clearance. JPAS says, “Opened 2018 10 29 Closed Discontinued 2019 04 24.” The employer sent more false and defamatory Incident Reports to JPAS.
On 22MAY19 a “Reopen Request Form” was submitted. The FIPC553 form says “Please reopen investigation. Subject has requirement for Top-Secret access.” (I did not.) JPAS says, “Opened 2019 06 07 Closed 2019 12 13.”
The government knew I did not want and would not accept Top-Secret access in 2018. JPAS says “REOPEN sent 05/22/2019 Z20XX.” So who is responsible for the reopen request in 2019? The name of my FSO appears in the “Comments” block. The name of a govt. civilian appears in the “Submitter” block.
I am so sorry you’re going through this. It is definitely strange to say the least. I just can’t understand why they reopened it.Frustrating to say the least!!
Can you expound upon the possible labor law violations please? Or at least your line of thinking? I have an acquaintance (no joke lol) that has a similar issue. Thanks!!
Check out department of labor websites for details. Workplace retaliation against an employee is against the law.
Okay yeah, tracking that. I thought maybe there were some other aspects of Joe’s situation that were in violation of law. Thanks!!
See what BigDaddyBoo said (above).
Here is what my lawyer says, “This is a whistleblower action arising out of the defendant’s unlawful retaliation and termination of the plaintiff in violation of public policy. The plaintiff brings claims for wrongful termination in violation of public policy (Count I), tortuous interference with advantageous business relations (Count II) and defamation (Count III).”
Big Daddy,
I’m writing to update you on my situation. I wish I had better news…
I found a lawyer to represent me, and I sued the employer. I paid my lawyer a $25,000.00 retainer. He filed the case with the court. Then, he quit. He did not return any of the $25,000.00. What he did return was the 10 boxes of evidence I sent him, none of which had ever been opened. (What does that tell you?)
Now I am left to represent myself against a massive defense contractor, and they are threatening to counter-sue me. They want me to pay their legal expenses, because my lawyer quit before we did anything to substantiate my case had merit. I expect the company will sue me for hundreds of thousands of dollars.
I fully understand what you mean about the “dark time in your life.” I feel your pain in a way that only innocent people, who are under attack by evil people, people who not only destroy your career, but then seek to destroy you financially, can understand.
I’m very happy things worked out for you. Thanks for being there for me.
I can answer your question. The FSO submits “FIPC Form 553 NATIONAL BACKGROUND INVESTIGATIONS BUREAU REOPEN REQUEST FORM” to the government.
I did not know how they were doing it either. I submitted a FOIA, and found the FIPC 553 with the name and phone number of my FSO on it. It said that my job requires a Top-Secret clearance, which is a lie.
It’s obvious the employer was filling my JPAS records with fake adverse information, and repeatedly opening background investigations (for a clearance I didn’t need) because they expected the CAF to revoke my clearance.