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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Fired and Can't Obtain Security Clearance

    My question involves labor and employment law for the state of: FLORIDA

    My husband was hired by a Naval Defence Contrat company called ITT at the time of being hired he had NO Convictions on his record. He cleared his backround check with no problem. He was with the company for a few months and got into some trouble. He was conviced of a Felony. and Given just 3 years probation. He Let his Boss and the HR dept. at his job know right away. It has now been over a year later and he was asked to fill out paper work for a Public Trust Security Clearance. The department of the Navy advised that he could not obtain a clearance and he was fired. I have went over every shred of paper work that my husband signed and nothing states that he has to have a clearence, also. His job discription states "No Security Clearance Required" I understand that florida is an At will state, but can they just fire him and the reason be that he can't get a clearence when nothing he signed says he has to have one? Any info would help Thanks.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,389

    Default Re: Fired/Can't Obtain Security Clearance

    If you are looking for a law that says, "you can't be fired for not being able to get a security clearance unless you have it in writing that you need one", no, there is no such law.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Fired/Can't Obtain Security Clearance

    I understand that florida is an At will state, but can they just fire him and the reason be that he can't get a clearence when nothing he signed says he has to have one?
    In an at-will state - and that's most of them - you can be fired because it's a day ending in Y.

  4. #4
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Fired/Can't Obtain Security Clearance

    Yes I understand that he can be fired for pretty much anything. what I'm questioning is that he was told specifically that he was being let go because he didn't have a security clearence. But no where does it sasy that he needs or or Has to have one! If they had come in and said hey its monday and you have brown hair we're firing you I wouldn't be questioning it. Its only because they gave him a reason. and that reason doesn't apply. Am I making any sense here? sorry brain is fried from dealing with it.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Fired/Can't Obtain Security Clearance

    Yes, you're making sense.

    It doesn't matter that you don't think the reason given applies. There's still nothing illegal about his dismissal.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,389

    Default Re: Fired and Can't Obtain Security Clearance

    There is also no law that says they can't give him a reason that doesn't apply.

    The only thing they can't do is fire him for a reason prohibited by law.

  7. #7
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Fired/Can't Obtain Security Clearance

    Quote Quoting BM2009
    View Post
    Yes I understand that he can be fired for pretty much anything. what I'm questioning is that he was told specifically that he was being let go because he didn't have a security clearence. But no where does it sasy that he needs or or Has to have one! If they had come in and said hey its monday and you have brown hair we're firing you I wouldn't be questioning it. Its only because they gave him a reason. and that reason doesn't apply. Am I making any sense here? sorry brain is fried from dealing with it.
    You are wrong! Federal contracts change and if the Navy says he must have a clearance to work on this contract, then he or anyone else has to have for the position. As the others have stated there isn't anything illegal here.

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