I have situation with a loved one where a former employer was upset that this person chose to leave a cleared role, in order to further education. Proper two weeks notice was given, everything.
Prior to departure, the former employer implicitly threatened this person with negative clearance feedback if they chose to leave the company. Even going so far as to say “How will you ever get hired again?” This conversation was not recorded but definitely happened.
A year later, my loved one is attempting to get cleared and now has to answer questions about this negative personal feedback left by this vindictive individual on a “Inv Form 41.”
I would like to know if this is illegal leveraging of an employee, and what sort of recourse my loved one may have for removing this information from their record. Any tips on how to legally punish this evil charlatan trash who did this, is a bonus for me. Up to and including lawsuits.
1st, im sorry you and loved one goin thru this. i share your pain. unfortunately, evil people exist, and make no mistake these evil, unethical peeps will do this type of crap, and mostly, they get away with it, but its morally and ethically wrong and they should be reported, b/c if you can prove the any incident report they filed in jpas was based off innuendo or rumor, they violate NISPOM, the gverning regulation for sec clearances and adverse reporting for industrial sec. but if this was sheer threat, no evidence of it, you may b limited in recourse, but def should report the firm and person to dcaa, dcma, or oig, b/c this violates FAR and many contracts in their business conduct and ethics clauses.
Once negative info is obtained during an investigation an applicant will have the chance to respond to the claim or allegation. I have seen instances where the source of negative information we re-contacted and required to restate their claim/allegation under oath and under penalty of perjury - and then they decline. This option is generally only used when the claim cannot be explained by the applicant etc. For example - many ex-spouses are interviewed for clearances and they are not always truthful. This is not uncommon. Just go through the process of responding as requested. In the future and for other readers - if you know this might happen you can always mention this ahead of time to the investigator during your interview.