Suitability adjudications are a critical aspect of the federal government’s hiring process. These formal judgments are utilized by agencies to determine whether an individual is fit for federal employment. However, suitability adjudications can also be used to take negative employment actions against current federal employees.
If you are undergoing a suitability adjudication or are considering filing a suitability appeal, seeking guidance from an employment attorney in Alexandria, VA can be beneficial. At The Spiggle Law Firm, our team of attorneys is equipped to assist federal government employees and applicants at any point in the suitability process, including during the investigation, response, and appeals stages.
What Is a Suitability Adjudication?
The Office of Personnel Management (OPM) and other federal agencies use suitability adjudications to ensure that the people they hire are suitable for employment. Suitability adjudications evaluate individuals on factors such as character, conduct, and integrity.
Suitability adjudications are separate from security clearance adjudications, but the two processes are often intertwined. A security clearance is necessary for many federal positions, and an individual’s suitability for employment is a factor considered in the security clearance process. However, not all federal positions require a security clearance.
What Can Prompt a Suitability Adjudication?
A suitability adjudication may be caused by a variety of reasons, such as:
- Prior criminal history
- Substance use disorder
- Financial issues, such as bankruptcy or delinquent debt
- Falsification of application materials or other forms of deception
- Prior employment issues, such as misconduct or poor performance
Misconduct or negligence in employment can be especially problematic if it is related to financial responsibilities and the job involves fiduciary duties.
If an individual is found unsuitable for federal employment, they may be denied employment or have their employment terminated.
How Federal Employees Can Protect Themselves During Suitability Adjudications
If you receive a proposed suitability adjudication, you have options. The government must provide advanced written notice of the charges against you, along with giving you time to review the supporting evidence and the opportunity to respond as well. It is advisable to have an employment law attorney who has experience with suitability adjudications to help you prepare your response.
In responding to a proposed suitability action, you may explain the surrounding circumstances, refute any false allegations, and rectify any misstatements. It is also helpful to pinpoint mitigating factors and attach exhibits to your response, such as letters from current or former supervisors or colleagues attesting to your good character and performance.
What a Suitability Adjudication Lawyer Can Do to Help
A suitability adjudication lawyer can assist employees of the federal government during the suitability adjudication process by:
- Analyzing the evidence against you: A lawyer can help an individual understand the nature of the allegations or issues that prompted the suitability adjudication and review the evidence presented by the government or the agency involved.
- Developing a response: A lawyer can help craft a thorough reply to the allegations that addresses any concerns or issues raised by the government or agency is critical.
- Representation during hearings: An attorney can represent the individual during any formal or informal hearings related to the suitability determination, advocating on their behalf, and presenting evidence and arguments that support their case.
- Filing an appeal: A lawyer can help an individual understand their rights and options throughout the process, including the possibility of appealing an adverse decision.
- Providing guidance and support: Federal employment law is confusing and complex. An employment lawyer can guide an individual through the process and ensure their interests are protected at all times.
The Spiggle Law Firm is experienced in representing federal government employees and contractors in matters concerning federal employment suitability. Our Alexandria employment attorneys can work with you to respond to the charges against you and will work diligently to protect your rights and interests with compassion and care.
Seek Legal Counsel from The Spiggle Law Firm If You Are Facing a Suitability Adjudication
If you are facing a proposed suitability action or have concerns about your suitability for federal employment, now is the time to seek legal counsel to ensure your rights are protected.
Contact an experienced employment attorney with The Spiggle Law Firm today for a consultation. Call (202) 449-8527 or reach out to us online via our contact form.
