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I'm an non-exempt employee. Every 10 years I need to

I'm an non-exempt employee...

I'm an non-exempt employee. Every 10 years I need to recredital my security clearance. My employer allowing some coworkers time to compete at work. I was told by my manager I have to complete my on my own time. I won't be paid over time to complete after hours. The link for application was sent to my secure email, my home email not secure. I need the security clearance for my job responsibilities. If I lose my job whatnrightsndo I have.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will. Not a union.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Full time

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Answered in 2 minutes by:
9/29/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,357
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Thank you very much for your patience. I'm sorry to hear about your situation. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing Because they are not giving you the same amount of time to work on your security clearance like everybody else.. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 10 months ago
Thank you. Now I have to decide how to go forward addressing my concern to my HR department.

Sometimes, if you couch it in the terms of fairness and the fact that without a security clearance, you can't do your job, they may be more willing than you think to work with you on it. I know that many times they may assume that you're going to do the worse, but if you have a shared interest in getting your clearance in a way that makes sense for you, the investment by them would pay off handsomely.

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And where are my manners. The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,357
Experience: Licensed to practice before state and federal court
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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