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nottheonlyone
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Fired because of SF85P working a non-classified job!
Jan 25th, 2012 at 8:53pm
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I would like to get some feedback about my situation.  I am a computer database designer that went to work on a Navy contract held by a large consulting firm, working on Navy personnel systems.  I was required to fill out an SF85P, even though my job did NOT require any level of clearance.  I only worked on a non-classified machine.  I was on this job for more than 3 years. 

About 2 years after I began employment, I was notified that my SF85P had never been adjudicated and I was required to resubmit it.  I did.  The same thing happened a couple months later, so I resubmitted everything a 3rd time. 

After a couple more months, I was told (by my consulting company) that I did not "pass" or "fail", but my result was "no determination made".  No one at any level of my consulting company or any of their contacts within the governmental offices seemed to know what that meant. 

The issues were all financial considerations due to foreclosure of a house and some delinquent credit cards from when I lost a job in 2008 and was out of work for an extended period of time.  I wrote a letter of explanation and my employer wrote a letter of recommendation and these were submitted to the governmental agency handling my adjudication. 

Several more months went by in which I made follow-up calls and sent emails to ascertain the status of my investigation.  Each time I was told my letters had not yet been read/processed. 

Suddenly, out-of-the-blue, my manager came to me one afternoon in September 2011 and told me they had heard back on my SF85P and I could no longer work there!  I had to pack my stuff up and leave that afternoon!

This seems wrong to me on a couple levels:  1.  my job did not require a classified security level, 2.  I had been on the job over 3 years when this decision was finally made (nothing had changed in those 3 years),  3.  I was never given any opportunity to discuss any of my situation with whoever actually made the decision.

I was told that there were many more people similarly affected throughout the program.  Some that had worked there longer than I.  I was also told that governmental group A was upset with governmental group B for handling these investigations and making decisions.  Group A didn't think Group B should be doing this.  I suppose Group A took it upon themselves to show everyone who was boss and forced a bunch of people out of work.

Any thoughts?  Comments?  Do I have any legal recourse in this situation?

Thanks in advance for your input.
  
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Twoblock
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Re: Fired because of SF85P working a non-classified job!
Reply #1 - Jan 25th, 2012 at 9:50pm
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nottheonlyone

The first thing I would do is present my case to the National Labor Relation Board. However, if you're not a minority employee, this may not get you anywhere. It would still show that you were trying to get to the bottom of this without a lawsuit. I'm not knowledgable of federal labor laws but it sure seems to me that you have a strong case. You can go on line and find out how to file a federal suit pro se. Bickering between government agencies, that costs jobs, should not be tolerated and I would think a federal judge would see this also.

I don't how large of a town in which you live but, some cities have pro bono law firms. The ACLU might be interested also. Historicly, they love to fight the government.
  
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stefano
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Re: Fired because of SF85P working a non-classified job!
Reply #2 - Jan 26th, 2012 at 12:52am
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nottheonlyone wrote on Jan 25th, 2012 at 8:53pm:
I was required to fill out an SF85P, even though my job did NOT require any level of clearance.

This strikes me as being very odd. If you were required to fill out the SF85, then your position required some level of clearance. I suspect from your line of work that you were probably evaluated for a Reliability Status (RS) - formerly known as enhanced reliability status (ERS). Your admissions regarding debts were the most likely culprit. This is a concern, as statistically such people are at risk for bribery and similar extortion.
  
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nottheonlyone
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Re: Fired because of SF85P working a non-classified job!
Reply #3 - Apr 11th, 2012 at 3:05pm
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Thank you for your response.  I thought I was going to get an email when someone responded and had not checked back on the board.  My bad.

My position was considered a "position of public trust", hence the SF85P.  It did not involve any actual "clearance", as I always worked on a "non-classified" work station computer.

I understand the concept that people with financial difficulties may be more prone accept bribes, etc., but it was a bit late in the game (3 years after being hired!) for them to finally come to that decision.  By then, I had demonstrated for 3 years that I was a trustworthy employee.

Additionally, they did not follow government regulations regarding making an adverse decision based on the contents of my credit report.  I was never given a copy of the report or an explanation of the decision by the one that made the decision.  Though that is cause for suit, I doubt that would get anywhere either, and carries a maximum fine of $1000.
  
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