The SF-86 requires the disclosure of employment activities (including periods of unemployment) going back ten (10) years. It is not surprising that basic information about the employer, position, and supervisor is required, but so too is detailed information about the reason(s) for leaving that employment activity. The investigators are looking for patterns of behavior that may negatively affect a person’s eligibility for or ability to maintain clearance. If an applicant was fired, the reason and/or context surrounding that firing are relevant. Does that behavior indicate a lack of judgment, reliability, or trustworthiness? Further, resigning from a position to avoid being fired will not allow an applicant to avoid disclosure of this incident, as the form specifically asks if the applicant: 1. Quit after being told s/he was being fired; 2. Left by mutual agreement following charges or allegations of misconduct; or 3. Left by mutual agreement following notice of unsatisfactory performance. An explanation must be provided describing the reasons behind the firing. Additionally, the form requires disclosure of any written warnings, official reprimands, suspensions, or instances of discipline for misconduct in the workplace, such as violations of security policy, received for that employment in the last seven (7) years. Workplace discipline or terminations involving misconduct or poor performance will require mitigation to demonstrate that, despite these employment issues, the applicant is still deserving of a clearance. Retaining the services of a qualified attorney to assist with these disclosures early in the process can reduce the likelihood of a clearance denial or revocation later.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
