I was hired by this contractor and had to submit an eQuip…almost 9 months later of sitting in training waiting for our interim clearance 6 of us were let go the same day all at once and were told that we were denied the interim clearance and we were not given any explanation as to why…I’ve talked to FSO, HR, and the director of HR and no one has any answers and they actually try to brush me off…so I decided to conduct my own investigation to try and ge some answers…so far what I found is…they (company) want the 6 of us to sign a new acceptance letter which states that we would be terminated if we don’t obtain an clearance of any level…which in the original acceptance letter it didn’t have any mentioning of obtaining a clearance to maintain the job…also we’re told that we have to sign these letters in order to keep our Open Investigation ongoing…but the letter doesn’t state that either…also when I contacted OPM the first agent I spoke with said that the denial was not sent from them…so I contacted the group of trusted agents that the company used and was told the same thing and also that this could have been a financial reason from the company because they got tired of the waiting and didn’t want to keep paying us for basically nothing…is the normal practice for companies and is it legal?
Contact an attorney for your legal questions. As far as not being granted an interim, that would have been the decision of the agency sponsoring the company.
Sorry to jump in this late but here is a little information:
Most companies would not have started you until you received either an interim or a final clearance. The situation you were in is the unusual one. No one has a right to an interim clearance. They are strictly at the discretion of the issuing agency. As I understand it, they are getting harder to come by but I could be wrong.
If the issuing agency, not OPM, denied your interim, the do not have to provide a reason to the company or the applicant.
The acceptance letter that you are being asked to sign sound pretty clear and pretty standard. Officially, the company is supposed to have an offer letter, or employment letter, in order to continue processing your clearance. They may not need it but there could be trouble is they were audited and found to be processing clearance applications without. I’m taking some liberties there but that is essentially my understanding.
Your rights may, or may not have been violated by your employer. It depends on the state where you are working.
The truth is that your situation doesn’t sound all that unusual . . . So, how are you making out?
I have found that many companies in my area start their employees before an interim is granted, myself included, because the industry is so competitive here. I am sitting at just over three months after SF86 submission and I still can’t do my job. Although the offer letter I received only states that I must be able to receive and maintain a security clearance, it makes no mention of an interim. However, I have discussed this with my supervisor and have been informed I will be let go if they continue waiting much longer.
It is important to note that often times, a company will tell you your employment is “at will” meaning they can terminate your employment for any or no reason at all. Good luck to you.
Hello - interim clearances have been taking anywhere from 5-8 weeks. if you are being hired on a contract that calls for a clearance - you cannot begin employment unless you have an interim. The only way you may begin work is if the company will places you on overhead. The government cannot be billed for your services because you have no clearance and will not be able to even access the information necessary to perform the job.
The FSO, HR Director, or anyone else within the company is not privy why your clearance was denied. I’m also not following you when you state that the company was tired of paying you . If a clearance is required for your job, the company is under no obligation to pay you until you have been granted your interim clearance. In fact, as I mentioned earlier, you are basically on overhead and not being billed to the government. And yes, a contingent offer letter should state that if you fail to obtain a clearance (INTERIM or otherwise), you will not be able to continue employment.
You are extremely lucky. Since the company cannot bill your time to the government, you are being carried on overhead. Most companies cannot afford that and do not bring the individual aboard until their interim is granted.