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Federal Employment Law

As almost any federal employee can tell you, receiving and holding a security clearance is a common part of government work.

In fact, the overwhelming majority of government positions require some level of clearance, whether it is confidential, secret, or top secret.

For that reason, a revoked security clearance can be devastating for your career. Yet there is hope for those who have their security clearance revoked.

Read on to learn about your options after your agency revokes your security clearance.

Keep in mind, however, that you should contact a workplace discrimination lawyer immediately after your security clearance has been revoked.

First Things First: Who Can Revoke a Security Clearance?

It depends on your employer. For example, the Department of Defense Consolidated Adjudications Facility (DoDCAF) is the primary organization responsible for revoking the security clearances of federal DoD employees.

Other agencies, such as the Department of Energy and the Department of State, have their own personnel security programs.

If your security clearance has been revoked, then the name of the agency responsible for the decision will probably be listed on the revocation paperwork. 

My Security Clearance Was Revoked. Now What?

You do not have to simply accept your employer’s decision to revoke your security clearance. Federal law provides federal employees with the right to dispute revocation.

In fact, you have two opportunities. When agencies suspect their employees of being untrustworthy, they often provide the employee with a “Notice of Intent to Revoke,” or NIR. 

The NIR states that the employee’s security clearance is at risk. Furthermore, the NIR generally states why the agency intends to revoke the employee’s clearance.

In addition, the NIR grants the employee the opportunity to plead their case to the agency before it makes the final revocation decision.

You should take full advantage of this opportunity to provide favorable evidence. Many times, an employee can save their security clearance simply by taking thorough action at this stage.

Make sure that you respond quickly, however, because NIRs give employees only a short window of time to act. 

Even if the agency revokes your security clearance, you still have options. For one, if the revocation leads to removal, you can appeal to the Merit Systems Protection Board (MSPB).

However, the MSPB’s review of your agency’s decision is quite limited. The Board cannot assess the merits of the agency’s decision to revoke your security clearance. 

Regardless of what stage you are in the security revocation process, it’s important to be proactive and thorough. In fact, your best course of action is to consult an attorney who has expertise with federal employment cases. 

Do You Need Help Getting Your Security Clearance Back?

The Federal Employment Law Firm of Aaron D Wersing PLLC is a law firm dedicated to protecting the rights of federal employees.

We have represented many federal employees over the years, including in security revocation cases. Unlike most other law firms, our practice focuses specifically on federal employment law, which means we are familiar with all the unique aspects of government work.

We will work with you to explore your options after your security clearance is revoked. In many cases, we can also assist you in appealing your agency’s decision to revoke your security clearance. 

We recognize that hiring an attorney is a big decision. Yet we do not want you to let money keep you from contacting us. That’s why all our initial consultations are free.

You have nothing to lose in setting up an appointment with us. So don’t wait. Contact us right away.

Author Photo

Aaron Wersing, Attorney at Law

Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a free consultation, please call him at (833) 833-3529.

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