Federal employees occupy a unique position in the world of security clearances. While many clearance challenges are shared across federal, military, and contractor workforces, government employees face distinct obligations and risks that can affect both their day-to-day careers and long-term clearance eligibility.
After more than 25 years representing federal employees and security clearance holders, I have seen the same issues arise repeatedly—often catching employees by surprise. Understanding how federal employment law intersects with the clearance process is critical to protecting both your position and your career.
Dual Accountability: Agency Rules and Clearance Standards
Federal employees are subject to both agency personnel rules and the federal adjudicative standards governing security clearances. Conduct that might be treated as a routine administrative or performance matter can raise broader concerns about judgment, reliability, or trustworthiness when viewed through the clearance lens.
Adverse Personnel Actions and Clearance Consequences
Disciplinary actions such as suspensions, removals, or performance-based actions can also have collateral consequences for a federal employee’s security clearance. Agencies may view adverse personnel actions as indicators of broader suitability or trust concerns, even when the underlying dispute is still being contested.
It is not uncommon for a federal employee to successfully defend against a disciplinary action only to later have to respond to the same issue in a clearance context. This seems like a form of double jeopardy that federal employees sometimes face. This overlap means that employees facing workplace discipline should be mindful not only of their federal employment rights, but also of how those actions may be interpreted in a clearance context.
Indefinite Suspensions and Security Clearance Limbo
One issue that arises far more often for federal employees than contractors is the use of indefinite suspensions tied to security clearance concerns. When an agency determines that an employee may not be able to safely maintain access to classified information, it may place the employee on indefinite suspension pending the outcome of a clearance investigation or adjudication.
These actions can last for extended periods, leaving employees without pay and with limited visibility into when—or if—the situation will be resolved.
Although federal employees are entitled to procedural protections, those protections are often constrained when national security concerns are cited. Employees who assume that an indefinite suspension will be brief frequently discover that clearance delays can stretch on for months or longer, making early legal guidance especially important.
Continuous Evaluation and Ongoing Scrutiny
Many federal employees with clearances are subject to continuous evaluation programs, which monitor certain risk indicators between periodic reinvestigations. Financial issues, criminal matters, or other reportable events can trigger review well before a scheduled clearance update.
In my experience, federal agencies are becoming far more adept (and much faster) at continuous evaluation. The computer systems and networks are getting closer to real-time reporting. In the last few months, we have seen federal employees arrested for alcohol-related incidents only to get flagged a few days later by security. In some cases, federal employees hadn’t reported an incident or arrest quickly enough and have gotten intro trouble for not self-reporting.
Final Thoughts
For cleared federal employees, a security clearance is both a professional necessity and a significant responsibility. Clearance standards intersect with federal employment rules in ways that are not always intuitive and mistakes or delays can have lasting consequences.
Employees who face potential clearance concerns, reporting obligations, or adverse personnel actions should take those issues seriously and seek experienced guidance early.
This article is for informational purposes only and should not be construed as legal advice. Clearance rules and government policies may change, and readers should consult counsel regarding their specific circumstances.
