Recovering lost wages

SECURITY CLEARANCE Q&A
1

I am wondering if anyone has any experience with with a similar
situation or advice.

Let me describe the situation I find myself in:

In 2013 I was hired by Company A for a dod contractor position. They
handled submitting everything for my security clearance. An interim
clearance was approved and I began work.

In 2014 Company B got the contract and took over many of the positions
including mine.
I began working for company B filling the same position with no downtime.

2018 Company C wins the contract and my position goes to Company C.
I accept an offer with company C to continue filling the same
position. In the process of taking ownership of my clearance company C
discovers that my clearance was Administratively Withdrawn in 2016 and I had been working, unbeknownst to me, at a DoD facility with no active clearance for 2 years.
After checking into it with my manager from Company B I received an email indicating that Company B had never taken ownership of my
clearance as they should have.

Company C put me on mandatory leave without pay status while they
resubmitted my clearance as if I were new. After 2 months my interim
clearance was approved and I returned to work for company C at the same facility. I have since received notification from Company C’s security office that a final clearance was granted by DOD CAF.

Being technically still employed by C, I couldn’t claim unemployment for the down time. I have had it suggested to me that there is a government process/procedure that would require Company B to pay some type of furlough pay for the time lost due to their mistake.
The closest thing I could find myself was 5220.6 E3.1.42 but I’m not sure if that would apply.

Does anyone else have experience with a similar situation or know of a
way to recover lost wages for the period I was unable to work at the facility?

Thanks.

2

This question actually has little or nothing to with your clearance. A business dropped the ball and this forced you out of work for a few weeks/months. You should be talking to an employment lawyer not a bunch of clearance people.

This is going to depend, partly, on what state you work in. Do you know if you are in a “right to work” state?

3

Thank you Ed for taking the time to reply and point me in the right direction. I am in a right to work state, how does that affect things?

Thanks.

4

It means that you likely serve “at will” which means that either you or your employer can terminate the relationship for any reason or no reason at all. You are unlikely to collect any back pay for a number of reasons. Your best bet is to move on with your life and be happy (the best revenge).