Security Clearance

sbrown

We have an X-Employee who was separated through a Reduction in Force in October, 2001. Today, I received a call from him saying he needs a security clearance for a new job and that I would be contacted by someone to review his personnel file and talk with some people he had worked with. He was a poor performer but (of course) there is no supporting documentation so he was flagged as "eligible for rehire." We're in Texas. I would greatly appreciate your thoughts.

Watson

We are located in Oak Ridge, TN and go through security clearance checks on about 50% of our former employees. The investigator is usually just looking for generic info such as SS#, full name, last known address, etc. They will usually ask us if they are eligible for rehire and we answer yes even if we probably wouldn't because as this point, they've already been hired by a company and are just trying to get a clearance to gain access to a secured area. We will only say no to rehire if the former employee posed some sort of threat to safety or others in their performance. We have told an investigator before that an employee was not eligible for rehire but our policy wouldn't allow us to explain further and that answer was accepted. Hope this helps!

jhagan

Was the x-employee in a position that was rated for security purposes by the federal government?

John Hagan (jhagan@gmwdlaw.com)
Gibson, McClure, Wallace & Daniels, L.L.P.
Dallas, Texas
214-891-8068

Don D

I have declined such requests even when the caller or visitor in the lobby was an FBI agent and certainly would not discuss a personnel file with an 'investigator' from ABC Company across town. If I had a full hold-harmless release signed by the ex-employee, I might give more than our standard 'vanilla' response. I would not reveal personal opinion or likes and dislikes regarding the employee or get into non-meaningful, subjective areas like character, trustworthiness and attitude. Nor do I allow people to 'see and talk to others who worked with' our employees. If we do that, I am facilitating a process that very well may go awry and we'll perhaps be a party to it.