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Is ex-employer liable for me loosing my livelihood?

Asked over 2 years ago - Silver Spring, MD

Employment

I was laid off 6 months ago. Four months ago I was selected for a position with another employer but was not hired because to my surprise, my clearance had been archived due to ex-employers negligence. Ex-employer is trying to fix things with the clearance, because I need it in my line of work, but is not up to them. In the meantime i can't find a job. Can I sue ex-employer for damages?, and do small companies have some kind of insurance that can cover these kind of things?

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Attorney answers (1)

Francis J. Collins

Reputation Level 8

Answered over 2 years ago. Employment / Labor Attorney in Baltimore, MD.

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It sounds like you were working for one of Maryland's many "beltway bandits" in a defense industry job. Assuming that is correct, you would have to look at any contractual arrangement you had with your past employer. If your former employer did not guarantee that it would keep your clearance up to date after your termination, I seriously doubt you have a claim.

As you probably know, you have certain due process rights with the government regarding security clearances. It sounds like there is some issue with the government that can be addressed without reference to your prior employer.

If you cannot get the clearance you need, you should be finding out from the government why that is happening and try to deal with it through the government agency.

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