July 2023 Federal Employment Law Training Group Newsletter

Misconceptions About Security Clearance Revocations Abound


A few weeks ago, Ann Boehm wrote an article about the benefits of employee reassignment – in certain situations, anyway. A fairly new MSPB NP decision dealt with an appellant who was removed for failing to maintain a security clearance, and claimed the agency should have been collaterally estopped from removing her. Part of the appellant’s argument was the agency should have considered a reassignment. Was she right? Nope.

MSPB indicated that “there is no policy, statute, or regulation requiring the reassignment of an agency employee who has failed to maintain a security clearance.”

The topic of security clearance revocation can be confusing, and wouldn’t you know – we’ve got you covered. On August 24 we’re presenting the two-hour virtual training All Clear? When Employee Security Clearances are Revoked or Suspended. You should definitely check it out.

This month’s newsletter discusses a SCOTUS case that alters religious accommodation, effective charging, why letters of counseling continue to plague agencies, and much more.

Take care,

Deborah J. Hopkins, FELTG President

First-time Caller, Long-time Loss of Confidence and Trust

By Dan Gephart, July 18, 2023 Sometimes, a Federal employee’s misconduct is so far beyond the pale that it’s impossible to ever again trust that employee. That was certainly the case for a certain IRS contact representative/Howard Stern devotee. Sorry, I meant to say...

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