Requirements to Proceed to the Appeals Court


#1

Hello, ‎

Other than the SOR, what are the requirements to proceed to the appeals court? I am a federal contractor and lost my clearance in February 2018 from DoD CAF (likely foreign ‎national contacts). I hired a clearance lawyer to proceed to the appeals court, though we still ‎await ‎the SOR. ‎

I was informed today my last day with the firm is 22 March 2018, with an eligibility to rehire ‎once I resolve the issue. I have requested my company to keep me on UNPAID administrative ‎‎leave, so I appear employed on paper, thus have a fighting chance. How else can I convince the company that I should remain employed? Sadly, few companies are aware of this legal ‎practice? ‎Also, I understand the firm owes me nothing.

Any insight would be valuable. Thank you.‎


#2

The SOR will explain the reasons that your clearance was pulled and offer the option to have a hearing in front of an administrative law judge or for written arguments to be presented to the judge. Either way, the government will provide you with a FORM (File Of Relevant Material) which is what you will respond to. You can have coworkers of others testify in writing or in person. You can call witnesses, etc. The judge will, later, render his decision. If you win, the government can take it to the appeals board. If you lose, you can take it to the appeals board.

Your lawyer should know all of this and be able to explain it. I hope I didn’t miss anything important . . .


#3

@EdFarmerIII, thank you for such a quick turnaround. You missed one question lol. Perhaps, because I did not explain well-- ‎

My firm will let me go on 22 March 2018 due to the loss of clearance. I am eligible for rehire once the ‎issue is resolved. However, I will never have the chance to address the issue in the first place if I am terminated. I ‎have pleaded to keep me on unpaid admin leave -or- under the CAGE code in JPAS. Otherwise, DoD ‎will term my case a “loss of jurisdiction,” and I will not have an opportunity to dispute. I am working ‎with a law firm that practices exclusively in this field at my expense. ‎

Do you or anyone, know how to convince a firm to remain employed or other ways I can stay ‎employed so that I may proceed?‎


#4

It sounds like you have a contingent offer of employment from your company. You will be able to continue your clearance process with that. That’s how most people go through the initial process these days. They do not actually work for their sponsor but only have a job offer.


#5

Hi @EdFarmerIII, I appreciate your response. Regretfully, it does not answer my inquiry. Also, I do not have a contingent offer, or I would have articulated it as such. Thank you nevertheless for your attention to this matter.


#6

If you are “eligible for rehire”, perhaps you want to ask them for a contingent offer.

I will repeat the statement that actually answers all of your questions: Your lawyer should be able to answer these questions for you. That is what you are paying him for and he should have access to all of the information needed.


#7

As noted in my previous post I am working with a security clearance lawyer. Therefore, it is apparent my lawyer has answered the question(s). We have this forum to learn more on our own through crowdsourcing. A contingent offer letter is a good point.