Employment terminations are a common concern for both security clearance applicants and current clearance holders. Many individuals assume that being fired automatically disqualifies them from obtaining or maintaining a clearance. In reality, that is not always the case.
In our practice representing clearance holders and applicants, I have seen how terminations, depending on the circumstances, can raise concerns under the adjudicative guidelines. However, when properly addressed, these issues can often be mitigated.
Understanding how terminations are evaluated is critical to protecting your clearance and your career.
Why Terminations Matter in Clearance Cases
Terminations are typically reviewed under Guideline E (Personal Conduct) and, in some cases, Guideline J (Criminal Conduct) or other applicable guidelines, depending on the facts.
The government is not simply concerned with the fact that an individual was terminated. Instead, adjudicators look at several concerns, such as:
- The reason for the termination
- Whether there is a pattern of similar conduct
- The individual’s honesty in reporting the event
- Whether the behavior raises concerns about judgment, reliability, or trustworthiness
A single termination for minor performance issues is viewed very differently from repeated terminations involving misconduct or dishonesty.
Not All Terminations Are Treated the Same
There is a significant difference between:
- A layoff or reduction in force
- A termination for performance issues
- A termination for misconduct (e.g., timecard fraud, misuse of systems, harassment)
For example, a layoff due to budget cuts generally has little to no impact on a clearance decision. By contrast, a termination involving dishonesty or serious rule violations may raise more security concerns.
Context matters. Adjudicators will evaluate the underlying facts, not just the label of “termination.”
Patterns and Recurring Issues Raise Greater Risk
One of the most significant factors in clearance cases is whether there is a pattern of behavior.
Multiple terminations for similar reasons, such as workplace conflicts, failure to follow rules, or performance deficiencies, can suggest an ongoing issue with judgment or reliability.
Even if each individual incident appears minor, a pattern may raise broader concerns about an individual’s ability to consistently meet expectations in a cleared environment.
Honesty Is Critical
In my experience, many clearance issues involving terminations are made worse by a lack of candor or by omission.
Applicants are required to disclose terminations on their SF-86 and during interviews. Failing to disclose or attempting to minimize the circumstances surrounding a termination can raise separate concerns under Guideline E.
In many cases, adjudicators often place greater weight on honesty and transparency than on the underlying employment issue itself. This link to a Defense Office of Hearings and Appeals security clearance case, ISCR No. 22-02350, while involving multiple issues, contains a good discussion as to how candor is evaluated in the context of an undisclosed prior termination.
A Common Hypothetical
Consider an applicant who was terminated from a prior position for misuse of a government computer system. On the SF-86, the applicant describes the departure as a “mutual separation” and omits the details.
During the investigation, the employer provides a different account. The issue then becomes not only the underlying misconduct, but also the applicant’s lack of candor during the security clearance investigation.
By contrast, an applicant who fully discloses the incident, accepts responsibility (where appropriate), and demonstrates corrective action such as additional training or a clean employment record since the termination is likely in a much stronger position to mitigate the concern.
Mitigation and Moving Forward
Terminations can often be mitigated with the right approach. Key factors include:
- Time elapsed since the incident
- Evidence that the behavior is unlikely to recur
- Positive employment history since the termination
- Corrective actions taken (training, counseling, improved performance)
Adjudicators are focused on future risk, not just past conduct. Demonstrating growth, accountability, and stability can make a significant difference.
Final Thoughts
Having a termination on your employment record does not automatically disqualify you from obtaining or maintaining a security clearance. What matters is the reason for the termination, the surrounding circumstances, and how you address it.
Clearance applicants and holders should approach these issues with honesty, preparation, and a clear understanding of how their employment history will be evaluated. With the right strategy, most termination-related concerns can be successfully mitigated.
This article is for informational purposes only and should not be construed as legal advice. Security clearance rules and government policies may change, and readers should consult counsel regarding their specific circumstances.
