It’s an unfortunate circumstance in any sector for job seekers. Some organizations retaliate for employees looking for work elsewhere. A thread on ClearanceJobsBlog.com notes concern about how the eligibility process may result in employment issues.
“I work at Company A on a contract at Agriculture. I was offered a role at Company B contingent upon completion of gov background check/approval. This is at the same agency.
Company A is known for firing people when they look for counter offers, cutting access immediately when people give two weeks notice, etc., so it isn’t outside of the realm of possibility they get upset and get rid of me if they find out I applied elsewhere. Company B thinks the process will be a “badge flip” and that Company A will not be alerted before it reaches the final offer stage. I just submitted one OF-306 since Company A’s contract was won during a re-compete, so it is technically a new contract. Will submitting another OF-306 a week later raise any flags?
Any insight on how this process works? I was favorably adjudicated on my moderate risk PT, but I do have some minor criminal infractions (10+ years ago) and got sober about a decade ago. I went over all of this during my last BI, but I’m worried if Company A fires me, that could add a blemish to the “whole person” concept.
Also, if my PT is active/recent and the new role does not require moving to a higher level “clearance,” will I need to go through the entire BI again and go over all of the items that were already adjudicated?
Again, same agency, different contractor/contract. Please let me know if I overthinking this, but I don’t want to be in a scenario where it costs me both jobs.”
Marko Hakamaa, moderator of the blog, weighs in on the topic and notes: “It is odd that you have had to fill out an OF-306 since that is not required for contractors anymore. If the new position requires the same or lower level of investigation then no new investigation would be needed, they can use the current one.” He also encourages that if a retaliation termination does take place just for applying to another organization, it won’t be looked at as a security concern for the future of maintaining clearance, as long as the original poster is upfront and honest.
OF-306 Form
The OF-306, also known as the “Declaration for Federal Employment,” is a form used by individuals applying for federal jobs in the U.S. The form asks for details such as the applicant’s name, social security number, citizenship status, military service, and criminal history. It’s used to determine an individual’s suitability for federal employment and to ensure compliance with legal hiring practices. Completing the OF-306 accurately and honestly is crucial, as any discrepancies or false information could lead to disqualification from employment or termination if already hired.
Violating a Non-Compete
Violating a non-compete agreement can lead to several potential consequences, depending on the specific terms of the contract and the jurisdiction in which it is enforced. Here are some possible outcomes:
- Legal Action: The former employer may file a lawsuit against you for breach of contract. This could result in a court ordering you to stop the competing activity or to pay damages if the employer can prove they suffered a financial loss due to your actions.
- Injunctions: Courts may issue an injunction, which is a legal order preventing you from continuing the competitive behavior. This can include ceasing work with a particular competitor or stopping certain business activities.
- Damages: If the court finds that your violation of the non-compete caused financial harm to your former employer, you might be required to pay monetary damages. These can include both compensatory damages for actual losses and, in some cases, punitive damages.
- Reputation Damage: Engaging in a legal dispute over a non-compete can harm your professional reputation and relationships within your industry. This might impact future employment opportunities or business relationships.
- Employment Termination: If you are currently working for a new employer while violating a non-compete, they might terminate your employment to avoid being implicated in the legal proceedings.
- Settlement: Sometimes, disputes over non-compete violations are resolved through negotiation, resulting in a settlement. This might involve agreeing to cease certain activities or paying a financial settlement to the former employer.
It is important to consult with a legal professional if you are considering actions that might violate a non-compete agreement or if you are facing legal action as a result of such a violation. Legal advice can help you understand your rights and options.
This question was posed from a subscriber at ClearanceJobsBlog.com, where you can read and discuss government security clearance process, how to get a security clearance job, and background investigations issues.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” This case-by-case system is meant to consider the whole person, increase process security, and allow the lowest-risk/highest-need candidates to complete the process. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
