Loss or Denial of Security Clearance

Melville Johnson
April 16, 2020
A federal agency giving a federal employee access to sensitive information requires great caution. Any breach regarding the sensitive information could not only hurt the agency, but also national security and safety.

The federal agency proves this charge against federal employees by preponderant evidence, by establishing the following elements:

  1. The employee's position required a security clearance or is designated noncritical sensitive
  2. The security clearance was revoked or denied and the agency suspended the employee’s access to sensitive information or found him or her ineligible to serve in a sensitive position
  3. The employee was provided minimal due process in the revocation or denial of eligibility; and reassignment is not possible (if reassignment consideration required by agency regulations.)[1]  

These types of charges arise when an employee is in a position requiring a security clearance or access to sensitive information, but the security clearance is revoked or is found ineligible to serve in a noncritical sensitive position, so that the employee is no longer able to satisfy the condition of her employment.

When it comes to security clearances, the MSPB has noted that the charges are fairly straight forward. Because of the national security related policies, employees cannot challenge the reasons underlying the agency’s revocation of the clearance, and employees are extremely restricted in raising their defenses. In some instances, the agency has first indefinitely suspended the employee, pending a final revocation decision.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.

[1] Dept.of Navy v. Egan, 484 U.S. 518 (1988).

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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