Fired Before Adjudication


#1

Good Evening Everyone,

I wanted to get some opinions on what has happened to me over the past few weeks…

I received a favorable EOD on Jan 9, 2018. I started the position on Friday, January 11, 2019 and worked one week before I was pulled into an office and told that a felony assault against a family member was found on my record (Thursday, January 17, 2019). I vehemently denied the accusation. The next day, Friday, January 18, 2019, the GOV PM told me not to report to the work site until this could be verified that it was or was not correctly reported. On Friday February 1, 2019, I was called by my company and told that I was “unclearable” and return my keyfob to the worksite. They said GOV PM for said office gave them guidance that I was unclearable, so they let me go.

I know that I have never been charged with any felony and was certainly surprised to be let go based off something that I did not do. I received the packet from said GOV office on Friday February 1, 2019. To my surprise, it did not deem me “unclearable” as I realized my case had not been adjudicated and there was no mention of assault charges on the document. It did however, indicated that I needed to answer some questions in regards to information I included in my SF85. Is it normal to be let go based on something that is not in the letter they send you? Also how can you be deemed unclearable and your case hasn’t been adjudicated?

In the letter they ask me to go to the court and get my own DUI (12/2011) court record, so they can verify it was not a felony and I completed court mandate programs, etc. I do have a friend that says as an adjudicator (in the past), he would sent back an investigation if the person who was being investigated was the one who gathered files together because those could be compromised.

I feel like my name has been slandered and a determination has been made without an adjudication. Everyone in the office who knows about this thinks I lied about having a felony assault charge.


#2

That’s a really difficult situation, I’m sorry to hear that.

So you got told by your security office that you’re unclearable, but you didn’t get a clearance denial letter?

If you got a denial letter and you’re a contractor, I think you can appeal it. However, I would seek legal counsel in your case.

Best of luck to you.


#3

This doesn’t sound like a denial. It’s either that you can’t get an interim or that you were found unsuitable by the sponsoring agency.

Note . . . “a felony assault against a family member was found on my record” . . . This doesn’t say that a felony conviction was found. Were you ever charged? Investigated? I guess it’s possible that something happened that you didn’t even know about (it has happened to me with lesser charges).

Don’t worry too much about what other people have told you and don’t worry about what others in the office think. I’m sure that they have heard MUCH worse in the course of their careers and that they have seen mistakes in the past as well. If someone in the approval chain (investigator, adjudicator, anyone) has asked you to get your DUI records, go get them. You also need to find out what charges they ARE talking about and get to the bottom of that as well.

You certainly have the option of talking to a clearance lawyer. A free initial consult may get you enough information to get started.


#4

I have never been charged with a felony assault or any type of assault for that matter. I was fired for something that does not exist on my background and was not contained in the letter they sent, and there is NO CHANCE I EVER was charged with this. Its easy to say not to worry, I am in a particular industry slandering my name could have long term affects on contracts in the future.


#5

That’s ridiculous… You were fired for political reasons because you didn’t bow down to some manager with a personality disorder. Your supervisor probably filed an incident report too, just so he can make your career that much more difficult.

What does your JPAS say? Do you know an FSO who can look you up?


#6

Okay, run your own crim background check. Find absolutely nothing? Good start. Think really hard, was there any event you were ever present for where police were called? If the police interviewed you, detained you, had any contact with you for something even remotely similar…that is likely the event in question. If you never had any negative contact with police for any reason, at any time, under any condition…then I would consult with a clearance attorney. A reasonable person can conclude you are entitled to know the specific date, jurisdiction etc that lodged said charge against you. A BI would not simply take hearsay from a neighbor if they claimed you were arrested. A simple records check would reveal that. Is there absolutely any negative situation at work, conflict or anything out there that may be the underlying reason? Your name says Virginia, a right to work state. Not good for you. They can fire you for pretty much not liking you. But in these situations there is normally a charge sitting there unaddressed. You are in the best position to understand if there were ever a situation where the wrong box may have been checked. We lost a senior manager for an unreported DUI. He was arrested, but the judge in night court said it was a mistake, this did not happen, you are free to go. But, he was arrested. No actual charge, nothing to dismiss. He was denied his TS, had a revocation of his Secret. Hired a lawyer, had the administrative record changed to reflect something more favorable…but decided to work elsewhere. Point being, if someone checks the wrong box and a record reflects an event in error…it needs fixed. Or, something did happen, you are aware of the event and maybe didn’t know there was an unanswered charge.


#7

I’m 1000% sure that I have never been arrested or been apart of any felony charges. I called the investigator today to tell her the court won’t have my records ready til Friday so she will get the response with the court records, etc early next week. I asked her about being unclearable, she had no idea I was told that. She had to go talk to her supervisor. She asked me did it say that in the letter they sent me. I asked her what letter because to this day I never received any denial letter or explanation for my dismissal. All the investigator knows is that she was asked to process my file. I have checked my own background many times, I know exactly what’s there. They really fouled this one up. Telling me I’m unclearable no adjudication, no pre-adverse action notice, no post adverse action notice. I do have one collection account (three figure debt) and an IRS installment agreement. If the firing was on the basis of financial reasons, I would understand a little bit, but my friends and family who are investigators and adjudicators tell me this is just unprofessional to say the least and that’s just the part about being notified over the phone by a non DHS third party company who should not have been told any personal details. So they also think I have a felony assault and this is not the company’s FSO, it’s the project lead. So I’ve lost my contract with the prime contractor as well as work with the GOV agency. I just do not understand how this all went so sideways. I have worked my ass off to get on this type of contract, cutting edge, building state of the art applications for the GOV with the latest tools. I will never get this kind of opportunity again. I can’t let this slide… SMH


#8

Consider . . . In January, you were told that there was a felony assault on your record. In the letter you received, they only asked for information on the DUI. It seems like there is a disconnect there. If you have a felony charge why wasn’t THAT addressed in the letter?

Now . . . You’re talking with an investigator but you received a “packet” from someone. Usually, this would indicate adjudication. I suspect that something get mixed up somewhere . . . But, you are going to have to dig through each issue knowing that they may not be related.


#9

At times things do get sideways. It is sounding more like the project lead pulled back your clearance request and job. That would not have anything to do with clearance, and I to would agree no PM should contact you in reference to sensitive clearance information. Now, is it possible another person cleared fast and they needed the skill set today, and the PM took poetic license with not wanting an interim cleared person? That does happen, but it is more a contract company ethics situation. If it was merely a phone call and nothing is in writing…it becomes difficult to prove. Does the PM have you confused with another person and he gave you the wrong info? Possible. It happens. If it were me, I would certainly call you in, apologize in person for the stress and make it right. You brought up the tax debt. That is a concern. Obviously being in a repayment plan is more favorable than not having one but the verbiage referring to tax debt is quite clear to me as discussed in other threads. My client takes a harsh view of delinquent federal tax debt. It IS treated as unfavorable. I myself fought the IRS for 18 months, won my case and was in fear of losing clearance eligibility. Those are particularly stressful situations. I will venture a guess the company got cold feet, felt they would tell you anything to make you go away. It could be as simple as someone on the project did not get along with you. They had an opportunity to bring in a cleared person with an equal, better, or acceptable level of expertise, maybe even lower cost. That happens. But it is a company thing, not a clearance thing.


#10

Trust me, I would understand if I was about taxes, etc. but that’s not the reason I was let go.


#11

Your tax debt is not a problem if you are current on the payments. Honestly, if you are behind, the IRS still might not be a problem unless the amount is large or that is the agency that you are working for.

Again . . . Let’s try to concentrate on what we KNOW and start to gather information to get you back on the right path.


#12

You’ve never been arrested or charged but the court will have your records ready in Friday? What records will they be providing?


#13

Never said I had never been arrested or charged, I said never been arrested for any felony. Above i explained I had a DUI in 2011.


#14

Did your DUI involve an accident? Looks like in VA if someone is hurt, can be increased to a felony. Any chance they tacked on an assault charge to the DUI?

You’re an interesting but unfortunate case.


#15

No accident… No felony, very unfortunate… case suspended by CO, NEVER AGAIN.


#16

Interested to hear how this plays out. Other than the initial verbal explanation that you had a felony record of assault against a family member, what probably matters most at this point is the official explanation - in writing - as to why they terminated your employment/clearance. Any updates?


#17

Never received any official reason to why I was let go. No letter, no email, no nothing.


#18

When agency deem a person unsuitable, it usually doesnt give out the actual reason for the action. It just does not. Unfair, yep… it is what it is.

Unless the letter gives you an avenue to appeal the decision, there is nothing you can do. You can theoretically file a lawsuit (take your pick), but it will be a long and expensive process. Courts generally leave this stuff alone and typically/loosely refer to Navy v. Egan case.

It sucks.

This sucks.


#19

Though sutability denials are not generally clearence denials, so you usually dont have to check that box if you apply somewhere else.


#20

Your citation is incorrect. Navy vs Egan states that the court cannot review the reasons for a security clearance denial or revocation or the final decision. Rather, the court can only rule on whether the agency processes were followed and the individual was given due process.

Suitability decisions are made after a background investigation is completed much in the same was, a letter of interrogatory stating the reasons for the decision. Pre-employment screening can follow suitability criteria, but there may be no appeal process.