Suitability Appeal Lawyers
Our suitability appeal lawyers represent federal employees, government contractors, and applicants in suitability responses and appeals. If you are facing a suitability denial or a suitability appeal, it is important to contact a suitability lawyer familiar with these issues. We assist individuals in all stages of the suitability process. This includes legal representation during the investigation, response, and appeals processes. Our nationwide suitability appeals lawyers provide legal advice and representation to individuals throughout the United States before all federal agencies.
What is Suitability?
Suitability is a review of an individual’s background by a federal agency. It can also be referred to as a fitness or background investigation. To federal agencies, suitability is important to determine whether an individual is a good fit for the federal agency. As a result, all applicants and employees must undergo a background investigation that corresponds to their position’s risk or sensitivity levels. It is also important for federal agencies to ensure that all individuals who work for federal agencies are trustworthy and of good character. When issues arise, suitability issues come into play.
How Does the Suitability Appeals Process Work?
Potential suitability issues can arise when a background investigation is completed or new events occur. After completion of a suitability investigation, the results are reviewed by the federal agency. The focus of a suitability investigation is on an individual’s character or past conduct. In most cases, suitability is governed by the Code of Federal Regulations (5 CFR 731). Under these regulations, federal agencies have the authority to conduct suitability determinations to decide if the employment or continued employment of individuals is in the best interests of the federal government. The Department of Defense has published a good example of the suitability process.
Keep in mind that a suitability determination is different than a security clearance investigation. However, it is often the case that the two processes get confused. At several agencies, an individual has the ability to respond in writing to alleged suitability concerns before a final decision is made.
Examples of Suitability Issues That Arise
The following are just a few examples of potential suitability issues that can arise:
- Use of Marijuana/Drug Use
- Criminal Activity
- Misconduct in the Workplace
- Time and Attendance Issues
- Prior Terminations from employment
- Previous Arrests
- Excessive Alcohol Use
- Psychological Conditions
This not an exhaustive list and many different types of issues can cause suitability issues. It is important to keep in mind that suitability issues, in many ways, are very similar to security clearance issues.
Suitability Appeals
Suitability issues can arise during an individual’s initial application, during employment or in a re-investigation. If a federal agency denies an individual’s suitability for employment, they should appeal where possible. Suitability or fitness denials can result in not obtaining a position or removal from existing employment. Each federal agency has unique procedures for handling suitability appeals. In other cases, the Office of Personnel Management (OPM) may handle the suitability process.
Many individuals can appeal suitability denials to the Merit Systems Protection Board (MSPB). Other federal employees may appeal suitability decisions directly to the agency, such as the Department of Homeland Security or Department of State. In suitability appeals, it is crucial to retain counsel to respond to allegations fully and to attempt to demonstrate the individual’s fitness for employment.
Suitability Appeals Should Be Taken Seriously
Suitability appeals should be taken seriously by applicants and employees. Experienced suitability lawyers have the knowledge necessary to submit a comprehensive defense when issues arise. This process involves preparing a detailed written response to any negative issues identified by the agency. As a result, it is important to have a suitability lawyer represent you during an appeal. It is not uncommon for suitability responses to be ten or more pages in length. Additionally, exhibits will almost always be needed.
These exhibits can often include such documents as witness factual statements, character letters, evidence of good performance, resumes, and other supporting documentation. The type of exhibits needed for a successful suitability response often depends on the exact issues raised. For suitability responses, it is important to provide as much detail about both the factual allegations and the background of the individual at issue. Doing so provides the best chance to overcome suitability issues.
Contact Us
Our suitability appeals lawyers represent and advise individuals in suitability appeals nationwide. Should you need experienced counsel, we look forward to assisting you in your suitability issues. Please contact us for additional information or possible legal representation.
