As a federal employee, having and maintaining a security clearance is sometimes a precondition of employment for certain positions. As a result, if you are facing the revocation of your security clearance, you are likely also risk having your employment terminated as well. When faced with the revocation of your security clearance, it is advisable to seek legal advice as soon as possible.
Why this is so
The primary reason why it is important to seek legal counsel as soon as possible is your right to appeal your agency’s decision is limited once you have gone through the adjudicative process and the decision has been made to revoke your security clearance.
If you have a right to appeal, the Merit Systems Protection Board (MSPB) will hear your appeal. However, the ability the MSPB has to review your agency’s decision to revoke your security clearance is severely limited. In general, the MSPB does not have the authority to review the merits or correctness of your agency’s decision, so your agency’s decision to revoke your clearance generally cannot be challenged on the grounds that it was incorrect or unwarranted.
However, the MSPB has the authority to determine whether your agency actually decided whether a security clearance was required for your position or whether it followed correct procedures before terminating your clearance. If the MSPB finds that correct procedures were not followed, or that no security clearance was required, your employment will be reinstated.
Additionally, the Supreme Court has suggested a court may be able to review your agency’s decision to terminate your employment because of your revoked security clearance in very limited cases where your clearance was revoked in violation of a Constitutional right (e.g. freedom of speech).
Speak to an attorney
Because your right to appeal a security clearance revocation is very narrow and limited, it is a much more effective tactic to convince your agency not to revoke your clearance before your agency has decided to do so. The employment law attorneys at Passman & Kaplan have more than 25 years of experience advocating for federal employees facing security clearance revocations. Our attorneys will employ all appropriate legal tactics on your behalf to secure the best possible outcome for you.