has anyone encountered this and found a resolution that was not mind numbing: As a former contractor supporting DoD, I had a former contractor employer file (unbeknownst to me) an incident report on me 3 weeks after they had laid me off, and while I was on a different contract and had a new JPAS sponsor. I tried to file a complaint with DCSA, DoD IG, DMDC since I found that NISPOM does not state any mandatory reporting for former cleared employees. Further, I found on DCSA website, and Industrial Security Letter ISL 2011-04 which stated that “Contractors are reminded that any adverse information coming to their attention regarding cleared employees must be reported for the full duration of the individual’s employment with the company.” Again, this language points to a reporting duty only for employees, not formers. I then found a civil case in District Court of MD where the chief judge wrote in opinion that NISPOM only requires reports for employees, not former employees. With all this, it seems the evidence points to the former employer of mine filing an IR which was unauthorized. My question is, how can I get the IR deleted, and how can I seek remedy, as this harmed me for many mths, as the red flag caused job losses and then job prospects / opps lost for 8 mths now. Does anyone know who to inform to get this fixed? Or, does anyone know for sure, if a former employer can file an IR on you in jpas?
Talk about petty. I’m guessing they also failed to terminate your clearance sponsorship when you departed as well, keeping that door open. Only way I know is to gain cleared work, have government inform you of incident report reason. And then keep filing grievances in every venue until they realize you won’t stop unless they work with you to mitigate it. “We” the cleared worker are always on the outside looking in during these situations. As I see it anyone submitting you will show “unresolved/unadjudicated info.” This should generate an initial full investigation and interview, and adjudication. I’ve seen dozens of cases of “unadjudicated info.” Scary as it sounds it simply means info requiring a clearance decision. If another BI was opened, any info the investigator captured is “new” and unadjudicated. Doesn’t mean bad info, just info collection started, we don’t know what is in there, or that you can clear…until an adjudicator says so.
Are you aware of any situation they may have spun into something reportable? Do you know the nature of the subject?
yes, they claim they had a duty to report any adverse info obtained, whether true or false, that speaks to character , etc, and based the incident report off a 3rd party provided linked in social media screen grab , that allegedly had a line from my acct stating “i hope that commie b#tch gets her ass fired.” now, mind you, this was after my emp with the firm ended, they wont release the identity of the person who reported that to client, and that sentence makes no mention of names or any dod . they used that unverified, unsubstantiated soc media msg plus my emails to them of my intent to sue for wrongful term, to characterize me as having conduct issues, insider threat behavior of those that retaliate.
btw, thank you Amber, for your kind and thorough reply! much appreciated
Anger…gets us in trouble. But feeling wronged…can explain tough comments. I made sure in a new contract take over to never say what I was feeling on social media. If there was no other evidence of insider threat…I mean its a given workplace violence is insider threatening…but doesn’t really have the political implications or traitorous link. My honest opinion is all incident reports should be served and opportunity given to place a response in the system and even have a final determination made to capture the situation.