Suitability Appeal Lawyers
We represent federal employees, government contractors, and applicants in suitability responses and appeals. If you are facing a suitability denial or a suitability appeal, it is important to contact a lawyer familiar with these issues. We assist individuals in all stages of the suitability process. This includes legal 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 by a federal agency. It can also be referred to as a fitness investigation. Potential suitability issues can arise when a background investigation is completed or new events occur. After completion of a suitability investigation, the results are reviewed by federal agencies. The focus of a suitability investigation is on an individual’s character or 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. Keep in mind that a suitability determination is different than a security clearance investigation. However, the two processes are often confused.
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 Responses and 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 existing employment. Each federal agency has unique procedures for handling suitability appeals. Many individuals can appeal denials to the Merit Systems Protection Board (MSPB). 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.
Suitability responses and appeals involve preparing a detailed written response to any negative issues identified by the agency. Additionally, exhibits will often need to be submitted and often include such documents as character letters, evidence of good performance, resumes, and other supporting documentation.
Contact Us
We represent and advise individuals in the related area of suitability cases nationwide. We look forward to assisting you in your suitability issues. Please contact us for additional information or possible representation.
