I have been holding security clearance for about 7 years now. I started working multiple jobs all non-clear since COVID-19. I worked on W2 as well as through a consulting company on 1099. I worked for more than 15 companies overall. I never disclosed anything about other jobs to any HR. All the jobs are non complete with my cleared job position.
My CE is due now. I am wondering what are my chances of getting clearance renewed. I still have multiple jobs along with my cleared job.
What is the worst case scenario that I am looking at ?
yeah your HR isn’t the big problem. Usually, if you can prove there’s no conflict, maybe just a long lecture. Whoever your cleared job is with (assuming it’s for the gov) is probably your problem. You’re supposed to disclose multiple jobs regardless of non-compete while you work for/with government. The gov takes the risk of fraudulent billing VERY seriously. Unless you can prove none of your billable hours was used for other work, not sure disclosing now would even help your cause.
The cleared job is for DoD contractor. I am also not sure what is the best course of action at this point of time. That is what I am looking for the worst case scenario. Will I be facing anything beyond loosing the clearance if I go ahead with reinvestigation and revealing those jobs on SF86?
Not really sure what to tell you here other than, if you’re definitely planning on disclosing anyway, talk to your FSO. But, if you’re not sure yet, then it might be worth talking with a clearance attorney. I imagine your career is worth a lot more than the $300 a consultation would cost.
Also, $64000 question: did you in fact ever have overlapping work hours (billed the gov for hours in which you may have done work for your other jobs)? If the answer is yes or unsure, then you probably do need to talk to a lawyer before you fill out a new sf86. At the very least, I would start gathering up all your documentation for the hours you billed to your other jobs and be ready to show it.
Yes, I might definitely have overlapping work hours. My question is what is the worst case scenario? Am I looking at clearance denial and job termination or more than that ?
So how do you get a job here. I mean how many tetris fans we got out there. Lol
Clearance denial: you will need to ask FSO or attorney. Not sure anyone here can answer that. Maybe @Marko ?
Job termination: if they are not government, each company has its own policy. Some let you do whatever as long as there’s no conflict. Most will let you do it as long as you get approval in advance and provide detailed documentation of your hours worked. Some won’t allow it at all. You will need to check the policy for each employer.
Bottom line, if you would have gotten approval ahead of time and documented your hours worked AND did not overlap, you would probably be fine. But since you probably overlapped, you’re in a bit of a fix. You really need to talk to a lawyer.
Worst case? Jail or fines
That is only if I continue with the CE? What If I don’t file SF86?
@clearedrob do you think that by not filing the SF-86 I can just avoid the worst case scenarios of getting fine + loosing the clearance and/or Jail? FYI, I never worked for any competitors or violated and data security issues.
Or is it worth taking a chance by reporting the multiple jobs on SF-86 and go from there.?
I think not filing new sf86 when they are requiring it probably would get your clearance suspended or worse. I’m not positive but I think they initiate re-investigation even if you’re late filing an updated sf86. Either way, that’s probably going to raise some flags. As for your company, they won’t care which other companies you worked for or what you did for them. Their worry will be time card fraud. I really don’t know the answer and not sure you’re going to get one here.
I would eat the $300 and consult a lawyer.
Thanks @clearedrob are there any specific list of lawyers that I can talk to?
I was also thinking of avoiding the whole process by not even registering a new account with NBIS that I am supposed to create in 30 days (now 12 days left).
Do you think they would create any issues?
All I am trying to say is that I might not even want to go through explaining the whole situation.
Don’t really know. Others on here should be able to point you to one.
Again, they may initiate the reinvestigation before you file updated sf86. The only way to completely avoid that might be to resign before they do (but I don’t know that for sure). Good question for lawyer.
Seems like a lot of fear-mongering in the reply’s. There are soooo many ppl with multiple jobs and employers simultaneously. Your primary employer is probably already aware of the other employers because every employer that is sponsoring or utilizing your clearance in anyway would be shown in DISS which is the system that houses all of your information related to your clearance and any employers/contractors that you’ve been affiliated with. (Advice as a Former Industrial& personnel security specialist).
Now when it comes to your upcoming Investigation, be sure to put all employers on the SF85/86. If it comes up and you didn’t list it, it would be more of an issue than you not notifying the employer. It would then be an honesty issue. (Advice as a current Background Investigator with 10+yrs experience). As a contractor you can have more than one job/contract and many of us do!
Thanks @FieldGoat.
I never had any other cleared job simultaneously. I have worked with multiple non-clear jobs at a same time and still do.
Some on W2 and some under my own LLC.
My LLC information was already reported to my employer as well as on my previous SF-86.
I would appreciate your advise.
From the sounds of it, you’re ok! Just list the new employers on your SF86 and update any needed info in the employment section. As far as the investigation and clearance, we don’t deal with “gov/time fraud” (as previously mentioned) and we don’t make decisions based on whether you have multiple jobs. You having multiple jobs does not impact your eligibility or suitability to obtain/hold/maintain a security clearance.
The only factor that would matter is whether you’ve have any conduct or employment record issues with any of those employers, such as terminations,reprimands etc. Those are the things we look into…not how you spend your time or juggle your jobs/obligations.
Also, your Investigator may ask “How are you balancing and maintaining multiple employment activities at once?”. & at that point you can provide your brief explanation on how you’re balancing each job. For example… 1 job may be “As needed”, others may be “Part time nights”, another only on weekends, etc.
Hi @FieldGoat thank you very much.
Another important question. Do Investgators have a copy of a tax return with all the W2 information I have filled over the years ? Or do they have access to tax return transcripts with all the numbers?
Also, can they ask for tax return if required during the interview?
The only true thing FieldGoat said is that it’s not “illegal” to work multiple jobs while having a FT cleared job and that BIs don’t care (they’re not supposed to make judgements, just gather facts). Aside from that, yes, adjudicators ABSOLUTELY DO LOOK AT that, full stop!!!
You might want to have a look at this video by ClearanceJobs. Maybe it will provide some of the answers.
I’m not going to argue with you. I never advised him to resign, I advised him to “talk to a lawyer.” I stand by what I said. Timecard fraud is the main concern here. I’ve seen first hand fellow contractors lost their clearances because they got caught double-dipping their hours with side gigs (non -cleared). You’re saying it’s fine but I have seen the results first-hand and even the ClearanceJobs expert says be careful in case you overlap your hours, you can get into a lot of trouble. Make THAT make sense.
I’ve already made my point so that’s the last thing I’m saying about this. Best of luck.
