Do I have any legal recourse


#1

I started a contract with my company in February 2014 which required a TS/SCI clearance, I had a closed investigation from April 2013 which they used to activate my clearance. I am now being told, as I look for a new position at different companies, that I do not have an adjudicated SCI clearance in JPAS since 2007. Which means I am either working without a valid clearance or the FSO at my current company messed up something in JPAS. If in fact my clearance is messed up now, do I have any legal recourse against my current company for ruining my future employment opportunities?


#2

First of all, your company does not grant you a clearance, the component or agency of the U.S. government does. The company only requests the investigation be done at the appropriate level of clearance or access needed. Secondly, just because an SCI access does not show up in JPAS does not mean it is not valid. Not all agencies record their SCI accesses in JPAS. It is up to the agency whose information you are accessing to verify that you are indeed cleared before granting such access. If you were read in for SCI and signed the NDA then you have SCI access. If you did not get briefed/read in and did not sign the separate NDA for access to the appropriate compartments then you do not have SCI. Third, a security clearance is not a property right, thus you cannot take legal action for any perceived lack of future employment opportunities.


#3

Ok, thank you for the clarification, I am read on, so that is not an issue, I guess I just need to come clean with the FSO and tell her that I am looking for another job and ask her to publish my information in JPAS, because that is what the agency who holds my clearance uses.