FBI Polygraph Appeal

[terrified]

Do people actually pass an FBI repoly and continue?

arent the FBI more nuts than others about the poly?

[George W. Maschke]

Do people actually pass an FBI repoly and continue?

Virtually never.

arent the FBI more nuts than others about the poly?

Yes, at least at the pre-employment stage.

[Arthur K]

I was an FBI employee and was selected for a CI poly after being suspected of something that was proven later to be ridiculously untrue. However, even when I kept my status quo, the FBI came back to me after a length of time from my poly and stated that it is their policy to take away FBI access from an employee who failed a poly regardless of the reason. Basically fail poly = lose FBI access = lose of job. I want to appeal and get another poly. How should I do this since I am no longer in the bu.

[Twoblock]

Arthur K

You were only suspected and proven later to be untrue?? It seems to me that this is totally ripe for a damage federal lawsuit. This and all government agencies should be held accountable for their stupid decisions and actions and I believe that a lawsuit is the best way to do this. Out'em.

[Magnus]

Removing an employee's clearance is the "new" way of moving employees out of a position.  It's happened to several federal employees I know.  DHS is one of the worst offenders.  A clearance is not a right and it is granted by an agency.  With most federal agencies you have a right to appeal a denial of a clearance, but get ready to pay big $$ for an attorney to battle an agency that has an endless supply of money and personnel.  The FBI (aka:  Fan Belt Inspectors) is a unique agency.  Your rights as an employee are limited.  As a condition of employment, FBI personnel are required to sign a document stating they can be mandated to take a polygraph.  Refusing an exam can be used as a basis for administrative action (i.e.  you're outta here).   The FBI is still a "good old boys club" and if get on their bad side they will find a way to remove you. 

[George W. Maschke]

I was an FBI employee and was selected for a CI poly after being suspected of something that was proven later to be ridiculously untrue. However, even when I kept my status quo, the FBI came back to me after a length of time from my poly and stated that it is their policy to take away FBI access from an employee who failed a poly regardless of the reason. Basically fail poly = lose FBI access = lose of job. I want to appeal and get another poly. How should I do this since I am no longer in the bu.

Arthur,

I don't know of any administrative process for former federal employees to appeal the loss of their jobs over the rescinding of their security clearances. The courts have ruled that executive branch security clearance decisions are not subject to judicial review. However, there may be other legal avenues of appeal.

I'm not a lawyer and am unable to advise you in this regard. There are a handful of lawyers in the Washington, DC area who specialize in national security law and procedure who might be able to advise you. One whom I know is Mark S. Zaid:

https://www.markzaid.com

[failedpoly]

Like many people on this form, I recently failed my poly (completely floored that this happened) and was unsuccessful at appealing.  I was wondering, if I applied for another federal agency (i.e. the CIA or another agency that administers a poly) and passed their poly, would the FBI honor that down the road if I re-applied with them? 

Also, has anyone heard if writing to your congressmember or having someone within the FBI appeal for you would make a difference?

I hate that failing the poly absorbs so much of my mind...I can't stop thinking about it and replaying that day in my mind and wondering what I could have done differently.