February 19, 2013 at 4:10 pm #176582
Hello everyone. On 01/09/2013 I was sub-contracting for a government DoJ (Department of Justice) agency in Washington DC, and had a little slip-up that resulted in me being terminated. I now have “Security Incident” or “Security Violation” showing in JPAS and I am having a hard time getting hired by employers. The FSO will not reason with me regarding the incident in JPAS and I’m in need of help. Below is what happened, which I hope clarifies some things so that I can be steered in the right direction.
I was previously a contract employee for this DoJ agency for 1.5 years (starting in July 2009) while I was issued a TS/SCI with CI Poly clearance. In Feb 2011 I took a better opportunity with DoD (Department of Defense), utilizing only a TS clearance. That contract ended early so I found another opportunity with the DoJ agency I previously worked for, and returned as a sub-contractor in December 2011 with a TS/SCI clearance.
A few months after I returned to this agency, a government supervisor of another team that our contract was involved in was having problems with another (prime) contractor employee’s performance. My contract team lead (employed by the prime contractor as well) knew I had some slight past experience that was required for the position in question, knew me for my hard work, and he didn’t want the other prime contractor employee to lose their job… so he asked if I would temporarily trade places with the employee that wasn’t performing well, until a new contractor employee could fill the position. I was told that I would likely only be over on this other team for roughly 2 months, and would return once a new contractor was hired. I decided to temporarily go to this other team. After I was trained for a few weeks, the government supervisor that had problems with the previous contractor employee advised my contract team lead of how great of a job I was doing.
Three months later I question my contract team lead on the status of me coming back to the team I was originally hired to work for. I was told he would look into it, and weeks later nothing was heard. While continuing to perform just as well as when I had started in this temporary duty, I continued to politely ask my contract team lead almost every month of the status of me coming back, but still no progress. After having been this temporary duty for 6.5 months (instead of 2) I expressed my concern to the project manager, who was also employed by the prime contract company. The temporary duty required mindless work, and I was ready to get back to doing something technical. I continued to work just as hard as I waited to hear some news, and again, nothing. At 7.5 months into working this temporary duty and seeing things going nowhere with me getting back to my original team, I advised my program manager (my direct employer, the subcontractor) that I was ready to start looking for employment elsewhere. The program manager lit a fire under everyone’s butt in order to keep me, and next thing I know, a new employee is hired to fill the position in late December 2012, so that I could return to my original work. At this time, I also had my 12-month review and the government supervisor and contract team lead told my program manager (my direct employer, the subcontractor) how extremely pleased they were with my performance and everything. My review was great, and I got a raise.
The new employee was cleared work, and was only given two weeks to get trained so that he could be able to work on his own and so that I could return to the other team. I was assigned to train him, so after 1.5 weeks of him watching me work I let him “take the wheel” under my admin credentials as I supervised him. I did not give him my password; I just let him sit behind the workstation. I made the mistake of getting up and walking to the refrigerator, two cubicles over, while the new employee was still logged into my machine. The government supervisor noticed this, and 15 minutes later I was being escorted out of the building, being told that I had just been reported for a security violation. Word got to my program manager of my company and he immediately called me and told me there shouldn’t be any concern, and will be discussing it with security officers at the agency as well as the government supervisor. The government supervisor scheduled a meeting about the situation for 3 days later, while my program manager kept me in the loop and told me I’d be on administrative leave until they resolve the issue in a few days.
The day of the meeting came around, which included the project manager of the prime contract company, the government supervisor, another higher-level supervisor, and two of the agency’s security officers. The agency’s security officers apparently advised that this was not a terminable offense, and that it should be able to be resolved with training. The government supervisor apparently didn’t care for that response, and then claimed that she wasn’t happy with my performance. My performance had never dropped, and the project manager had records of my performance with her, and presented them, proving otherwise. The government supervisor apparently ran out of ideas, and just simply said she didn’t want me to return. My company had no other position to place me in, so my program manager advised that I would have to be terminated. He was not happy with the outcome, and has offered to give me a great reference should anyone call him about my now-past employment with the company. In the meantime, the company’s FSO logged my reason for termination as a “security” type incident in JPAS.
A few weeks after being terminated, I was offered a position with another company that was going to require a higher level of clearance, which was going to require me to do an updated SF-86.I was advised that I would be hired for the position only if a “Tier II” type investigation wasn’t needed, as they cannot wait months for me to get cleared. I described my reason for termination regarding the security violation on the updated SF-86. I provided the documentation to the new employer’s FSO, and he called me back to advise that JPAS shows an open security incident in red. He said I need to do everything I can to get that resolved.
I spoke with the two security officers that were involved in the meeting regarding my incident, as well as the project manager of the prime contract company. All 3 people advised that the security incident wasn’t deemed reason for termination, and that they felt that the government supervisor seemed to have it out for me since my last month of employment, when she was advised that I was wanting to return to my original team/duties. These 3 people also offered to be a reference for me regarding the incident, offering to give their thoughts on the situation about it not being terms for termination, and I advised the FSO of the company that I worked for of what these people say, but the FSO refuses to remove the security incident from JPAS, regardless of the details of the situation, solely because I was placed on administrative leave while the issue was investigated by the agency.
This company is now extremely hesitant to consider submitting my paperwork, and I other potential employers that I have spoken with have felt the same. The incident was logged in JPAS on 01/10/2013 and I really just don’t know what else I can do at this point. I have a clean history (personal and employment), I didn’t do anything malicious, and classified material was not compromised. The contract employee that that I was training was simply creating user accounts. The new employee, in my eyes, is as guilty as I am for having been working under my credentials while I was away, yet he was never investigated on regarding the situation and is still working there. We shared the same employer and that FSO refuses to speak about the fact that he is just as guilty and does not have a security incident in JPAS.
I’m now pretty much out of money and can’t sit like this for any longer. I’m in desperate need of advice on what I can do to resolve this as soon as possible. Sorry for such a long-winded post, but I just feel that the more detail I can give on the entire situation; the better I can be steered in the right direction. I’m a very honest person, my past and present show no signs of malicious or untrustworthy intent/personality, and I just need to get this resolved ASAP. Thank you in advance for any advice you can give!
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