Suitability Determinations in Washington, DC

Former Federal Adjudicative Experience for Your Suitability Matter

A federal suitability determination can affect an application, appointment, or ongoing career based on findings from a background investigation. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we represent federal employees facing allegations, disputed information, and questions about mitigating evidence.

John P. Mahoney served as Vice Chair and as an Administrative Judge of the Government Accountability Office Personnel Appeals Board. Our firm also has more than 30 years of experience representing federal employees, unions, employee associations, contractors, and agencies in federal employment law cases.

Call (202) 350-3881 to discuss a proposed or final suitability determination and the available path forward.

Responding to a Federal Suitability Action

A response to a proposed suitability action should address the stated charges and mitigating circumstances relevant to the individual’s record. The appropriate approach depends partly on whether the person is an applicant, a current employee, or someone who has separated from federal service. Each status can carry different practical consequences and procedural considerations.

Records, explanations, evidence of rehabilitation, and the context surrounding alleged conduct can be central to a suitability response. We assess these issues against the available documentation and the standards governing federal suitability determinations. We also evaluate how the matter may intersect with another pending workplace issue.

Connected Federal Proceedings

Our practice includes Merit Systems Protection Board appeals, conduct investigations, disciplinary actions, performance cases, Equal Employment Opportunity Commission complaints, whistleblower cases, Office of Special Counsel complaints, and security clearance appeals. Our attorneys have represented thousands of government employees in disciplinary, employment discrimination, whistleblower retaliation, and security clearance matters.

Most of our attorneys previously served in the federal government, including as agency executives, managers, administrative judges, attorneys, and military veterans. This background informs our analysis of agency records, adjudicative standards, and the procedural posture of an adverse suitability action.

When Suitability & Security Clearance Processes Overlap

A suitability determination isn’t a security clearance determination. When both issues arise, the individual may need advice that accounts for each separate process. Our security clearance practice represents government employees who are applying for a clearance, concerned about losing one, or appealing a denial, suspension, or revocation.