Suitability Investigations and Appeals
We represent federal employees, government contractors, and applicants in suitability investigations and appeals. If you are facing suitability issues or are interested in filing a suitability appeal, it is important to contact a suitability lawyer. We assist individuals in all stages of the suitability process. This includes representation during the investigation, response, and appeals process. 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. It is also referred to as a fitness investigation. Potential suitability issues arise when a background investigation is completed. After completion of the investigation, the results are reviewed by federal agencies. The focus of a suitability investigations is on an employee/applicant’s character and 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.
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
- Excessive Alcohol Use
- Psychological Conditions
Suitability Appeals
Suitability issues can arise during an individual’s initial application or 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 employment. Each federal agency has unique procedures for handling suitability appeals. Many individuals can appeal further to the Merit Systems Protection Board (MSPB) if a suitability appeal is denied. 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.
Our law firm represents and advises individuals in the related area of suitability cases nationwide. We look forward to assisting you in your suitability issues.
