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Am I Fired If I Lose My Security Clearance?

As a federal employee handling classified information, your security clearance mandates how you perform your position’s duties. In most cases, you may be unable to complete your required duties without a security clearance, making it important that you do not engage in conduct for which you could use your security clearance.

The Loss of Security Clearance

If you have a security clearance, your federal employment may require you to handle classified information to perform your duties. While security clearances may be difficult to obtain, they can be surprisingly easy to lose. You can lose your security clearance due to:

● Mishandling of classified information,

● Prior or current drug use,

● Any arrest, including major traffic violations such as a DUI or reckless driving ticket,

● Questionable personal conduct in-office or in public, such as gambling debts or unprofessional work attitudes, and

● Untreated mental health conditions that could affect your handling of job duties.

Most federal employees will be granted the ability to appeal their agency’s notice of intent to suspend or revoke their security clearance to your agency’s security clearance appeals board. While you appeal the notice of intent to revoke your security clearance, your agency may issue you an indefinite suspension from your job without pay. You may be able to appeal that indefinite suspension to the Merit Systems Protection Board.

If your security clearance is suspended, you receive a proposed indefinite suspension, or if you receive a notice of an intent to deny or revoke your security clearance, contact us to learn more about how we can fight for the reinstatement of your security clearance and your return to paid duty status.

How It Affects Your Position

Most federal employees who lose their security clearance, may not be able to complete their full position duties without their access to classified information. In some cases, the offense the security clearance is revoked for can also prompt conduct investigations or suspension, demotion, reassignment, or termination of the federal employment. This is common for federal employees who mishandle classified information or engage in other misconduct that calls into question their qualification to possess a security clearance.

Federal employees should expect to receive a proposed indefinite suspension from their federal jobs without pay if their security clearance is suspended, or if they receive a notice of intent to deny or revoke their security clearance. You will have the right to respond in writing to the Notice of Intent and you may have the right to argue your case in a personal appearance or evidentiary hearing before your agency’s applicable security clearance appeals panel. When responding to a notice of intent to deny or revoke a security clearance or a related proposed indefinite suspension from your job, you should consult a skilled security clearance appeals lawyer or their guidance and legal opinion during your appeals process. With a federal security clearance appeals attorney behind you, you have a better chance of security clearance reinstatement and job retention.

Top-Rated and Award-Winning Federal Employment Attorneys

At John P. Mahoney, Esq., Attorneys at Law, our team of federal employment and security clearance appeals attorneys understands the importance of retaining your federal security clearance to retain your federal employment. The suspension, denial, or revocation of your security clearance can adversely affect your eligibility to retain your federal employment. We can represent you to respond to the notice of intent to deny or revoke your security clearance and represent you in your personal appearance in order to best attempt to keep your clearance.

Has your security clearance been suspended; have you received a notice of intent to deny or revoke your clearance, and/or have you received a proposed indefinite suspension from your job? If so, schedule a consultation with our top-rated, award-winning attorneys at John P. Mahoney, Esq., Attorneys at Law by calling (202) 759-7780 or filling out our online contact form.

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