If DOE has NOT rendered a decision on my clearance application (after filing an SF-86, being interviewed for 2 hours by the investigating officer, answering their 15-page LOI, and being subjective to psychological assessment before a psychiatrist), but instead opted to send my application for administrative review, can my employer step in and stop the clearance process, and terminate my employment on the grounds “i was not able to obtain a security clearance”?
Technically, no decision has been made by DOE on my clearance application so i don’t understand how my employer can state that i was “not able to obtain my security clearance” and not allow me to pursue an administrative hearing before an administrative judge. I understand that my employer can discontinue my employment at any time but why state in writing it was due to “not being able to obtain clearance” which is not true.
Furthermore, I received a another job offer from a different employer on the same DOE site, which i accepted, and which requires security clearance. When i told DOE this, they told me i am banned from accessing the DOE site for 1 year preventing my 2nd employer from sponsoring me for a security clearance. I feel this is a retaliatory move by DOE. I was not given any reason for the site ban.
Should I just give up and apply for a non-clearance jobs.