This is a sponsored post by Eve Thompson of Reston Real Estate.
In my last post about the year in real estate I talked about how the low housing inventory didn’t seem to be driving buyer panic or seller over-confidence.
The market behavior is balanced but very active. As one would expect in this post-holiday week there are very few new listings and only 106 active properties on the market.
What I think is interesting is that 55 properties went into Pending status over the past 30 days and more than half of those did so in the last two weeks!
There are buyers out there looking, so if you’re thinking of selling it might be a good time to clean out the closets and call your agent.
Here are a few of the new listing this week:
This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.
Reston had a really strong 2018 in real estate. The total volume of transactions will finish at about 1,300 and the average home price was 474,000 a 5% increase over last year.
Inventory of homes for sale has been very low but hasn’t caused any type of panic in the buyers, nor has it embolden the seller to push their list prices up. Days on market are now averaging 40, and about 45% of 2018 transactions included a seller contribution to the buyers closing costs.
Reston continues to be an appealing housing market for many buyers. The metro, the Dulles Tech corridor combined with diverse housing options and great amenities puts Reston on the top of a lot of buyer’s lists.
Here are the numbers for the past 10 years.
This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
We practice employment law. A new trend that the Federal Reserve and others have picked up on recently is the concept of “ghosting.” Ghosting occurs when a job applicant does not show up for their scheduled interview or where an employee does not show up for scheduled work and never returns.
What is Ghosting?
In areas which range from food services to banking, employers have indicated that a tighter job market and labor shortages have led to applicants deciding not to show up for scheduled interviews without notice or in accepting positions and then not showing up for their first day of work.
In other cases, ghosting has meant that an employee just decides to leave their employment without giving notice (or telling anyone) and just never shows up again. Other reasons for ghosting include the fact that because the employment rate is very low, it is easier than ever to find new employment. One report indicated that 20-50% of employers were facing ghosting in one form or another.
Why is Ghosting Bad for Employees and Applicants?
Ghosting is very bad for applicants and employees on a number of levels.
For starters, it isn’t a good long-term career strategy. If an employee doesn’t provide notice to an employer that they are leaving, supervisors may call the police for a wellness check, leading to a host of issues.
Additionally, by leaving in this manner, employees will most likely be deemed by the employer to have abandoned their employment and then classified as having been terminated. As a result, the employee that “ghosts” away from their employment will be left with a negative mark on their employment records, which they may have to disclose in future employment applications elsewhere and/or if they choose to ever seek a security clearance. This also applies to new employees that are hired but do not show up for their first day of work.
For applicants that don’t show up for interviews, doing so can hurt them in other ways. If a recruiter is involved, that recruiter could list the non-appearance in a shared database with other recruiters, essentially blacklisting the person.
With the digital future upon us, it is only a matter of time before such things also end up in background investigations or reports. The point is that “ghosting” is a recipe for hurting one’s own career.
It is important to take the time to give notice to an employer and make a phone call or at least send an email to an employer if an individual they plan to quit or cannot make a scheduled interview. Furthermore, if an applicant “ghosts” a scheduled interview with an employer, that individual’s name may get around to others in the same field, causing them to lose or not get an interview with other employers.
It may be easier to ignore interviews or leave for better employment, but it is far better to do so with professionalism. Ghosting is simply to big a risk for an employee or applicant to their long term career.
Conclusion
If you are in need of employment law advice or assistance, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.
This is a sponsored post by Eve Thompson of Reston Real Estate.
As we roll into the holiday week there are almost no “new” listings. Most folks will wait until the holidays are past before listing their homes for sale. I thought we’d take a quick look at some of the older listings on the market.
When a seller engages an agent to sell their property what they are hiring is (hopefully) expertise in finding the sweet spot of price vs. property condition. Condition of a property is one of the largest drivers of property value, I would say second only to location.
It’s the agent’s job to analyze sales and condition and to provide a comparison of those sold properties against the seller’s property. It’s the seller’s job to pick the price, hopefully based on the data provided.
It can be hard for sellers and buyers to accept that the market is its own thing — we can’t force it to do our bidding. The buyer who comes in with a super low offer thinking they can force a sellers hand will be just as disappointed as the seller who overprices their property with the “I’m not in a hurry, I’ll wait to get my price” strategy. Rarely is either successful.
Here are a few great properties that have been hanging around a while along with their current list price:
- Condo at 120oo Block of New Dominion Parkway, 1 BR/1 BA, 375 Days on Market — $414,000
- Single-Family Home at 12000 Block of Walnut Branch Road, 5 BR/ 4.5 BA, 353 Days on Market — $1,245,000
- Condo at 1800 Block of Fountain Drive, 2 BR/2 BA, 238 Days on Market — $461,000
For the past year I’ve been saying that the market is very price sensitive. What I mean is that properties that are within 10-20k of their best price are hanging on the market — buyers are not aggressively pursuing these “slightly” overpriced properties, they’re letting them sit.
This of course is bad for sellers because the longer they sit the more it costs them (both in carrying costs and in lost opportunities, etc.) what they might have done with the cash had they gotten the house sold.
A seller’s best strategy is always to be the best priced and best presented home in their particular market — stand out by being a market of one, rather than one of many.
Meet Highway, an adult male pointer available for adoption locally.
Here is what his friends at Safe Haven Puppy Rescue have to say about him:
There are many words to describe Highway — but FABULOUS is at the top of the list.
Highway has his name because he roamed the interstate for FOUR months before being caught. This is a mystery because he is the sweetest, friendliest guy you could ever imagine and LOVES people. He does not have a mean bone in his beautiful body, and will make you smile every day.
Highway loves to play… he loves toys and will catch a tennis ball out of mid air and bring it back to be thrown again. He knows some of his basic commands like sit and stay and is house-trained.
He loves other dogs, but mainly wants to be someone’s very best friend… and will jump right into your lap for extra love, if you let him. If not, he’s happy to curl up next to you, beside you, or nearby on his dog bed. He will sit by your desk quietly and wait for his turn for attention.
If you want a dog who truly will bond strongly, and will absolutely worship the ground you walk on, this is it.
Are you and Highway a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.
Want your pet to be considered for the Reston Pet of the Week?
Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.
Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.
This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.
I often hear debates about the value of amenities in communities. For those of us that are lucky enough to call Reston home we have an absolute treasure trove of events and activities to choose from to fill our leisure time.
Last Sunday I attended “From Here to There” featuring opera singer Elizabeth Bishop performed at the CenterStage at the Reston Community Center Hunters Woods. It was a lovely evening of storytelling in song and all the more amazing to think that it was available to us all, right in our own backyards for a mere $15!
The CenterStage is about half way through its season but there still lots of great shows to see.
The weekend of January 19-21 is the annual Dr. Martin Luther King Jr. celebration. This year features a concert by local artist Crys Mathews. If you haven’t seen her I urge you to get tickets, she’s a remarkable singer songwriter, cut from the cloth of the justice and protest writers of the past but current and relevant in every way imaginable.
The CenterStage season offers a wide range of shows from music to dance to discussions with notable public figures like CBS News commentator and comedian Nancy Giles. If you like jazz you’ll want to take note of Jazzmeia Horn on March 30. She’s amazing!
There really is something for everyone.
This may not seem like it has much to do with real estate but the RCC is a huge value-add to the community — I would argue that its presence in the community, and all the ways it strives to enrich daily life for us all, adds to the desirability of Reston.
This is a sponsored post by Eve Thompson of Reston Real Estate.
Just 14 new properties were listed in Reston this past week. Inventory is painfully low at just 142 active listings. That represents a housing inventory of less than two months.
It’s not uncommon for additions to inventory to slow at this time of year but hopefully things will loosen up as we move into the New Year.
Here are few of the new homes for sale in Reston.
- 1626 Apricot Ct *, 3 BR/2.5 BA — $564,900
- 1959 Sagewood Ln, 2 BR/2 BA — $158,500
- 2158 Golf Course, 3 BR/4 BA — $475,000
- 1632 Wainwright Dr, 4 BR/3 BA — $459,900
- 12000 Taliesin PL #23 *, 2 BR/2 BA — $330,000
*These properties have advertised open houses
by Mina Fies, Synergy Design & Construction
You might think the remodeling industry is all about carpentry, cabinetry and chaos with not much room for fun. However, when we founded Synergy Design & Construction, we knew there was much more involved than just the sticks and bricks of the typical renovation experience.
That’s why we chose to add to go deeper with our clients to ensure we helped them create a home that was is in Alignment. Simply put, we help you better understand your connection to your home and how it influences your daily life, both at home and work.
One of the fun elements we encourage is a practice called “Intention Painting”. An intention painting is a way for you to energetically “stamp” your intentions for your new space onto the walls during the remodel.
Many of our clients participate (and make it a family affair) by writing meaningful sayings, quotes or just something playful about their family on the drywall before the space is painted. You won’t see it when the remodel is complete, but you’ll always know it’s there!
This month, rather than featuring one of our client transformations, we are sharing some holiday spirit with these real intention paintings from some our clients. So sit back, relax and feel inspired!
Download our FREE intention painting tip sheet and add some heart to your next remodel. If the warm and fuzzy stuff isn’t up your alley, you can also find out more about our approach to remodeling here, or stay in touch and sign up to receive no-commitment design inspiration directly in your inbox!
Wishing you and your family a festive holiday season and Happy New Year 2019!
This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.
I don’t typically hold to the notion that one time of year is better for selling your home versus another. For as long as I’ve been selling real estate, I have always had at least a couple of transactions around the winter holidays, but conventional wisdom says that there is something magical about spring.
As of this writing there are 87 days until spring. I have two listing appointments this week with sellers that want to go over what they should do to get their property ready for the spring market.
They’ll be surprised when they find there is a long list of “to do’s” to get a house ready for the market.
The first place to start is by cleaning. I don’t the mean the vacuum & dusting kind of cleaning. I mean the scrub the grout with a tooth brush kind of cleaning. I mean you do your best imitation of your crazy Aunt Saddie with the obsessive compulsive cleaning disorder kind of cleaning.
Some clients opt for hiring a cleaning crew; if you’re going to do that you should de-clutter your house before bringing in a cleaning professional. And if your “to do” list includes painting, save the professional cleaning for the last item on your list.
So what does the typical seller “to do” list look like?
- Reduce contents of all closets by half. Stuffed closets speak to prospective buyers — they say “this house doesn’t have enough storage.” This may not be the case; maybe you’re just really bad about getting rid of the excess we all seem to accumulate.
- Neutralize your home. Pre-pack most of your personal items like family photos, your ceramic frog collection and other things that can distract buyers from seeing the house.
- Be prepared to put furniture and other items in storage.
- 50% of the houses I see prior to listing need to be painted — go neutral.
- Clean everything — every, nook, cranny, light switch cover, door jamb, door knobs, everything.
- Do not overlook the utility areas of your home, they should be thoroughly cleaned and organized including the area around the furnace and water heater.
A super clean and orderly home says “I have been well maintained.” A clean house reduces buyer anxiety.
One of the first things I do for clients after signing a listing agreement is to drop off 100 office sized boxes to be used to de-clutter, or as we like to call it, pre-packing.
A home that is free of clutter makes room for the prospective buyer to mentally picture themselves with their own possessions in that home; which in turn helps to move the buyer from thinking to acting…writing a contract.
The more you can do to clean, organize, neutralize, paint and upgrade, the faster your home will go from being on the market to sold.
by Mina Fies, Synergy Design & Construction
Interior Design trends come and go — so how do you know which have staying power and which ones will make you say “That was so 2018” in a couple of years? Before you splurge on that remodel you’ve been thinking about, here’s my advice on how to get the look you want without going over-the-top on trends.
Kitchen Cabinets
All-white kitchen cabinets are a great example of a design trend with longevity. White cabinetry continues to be a firm favorite and is a great choice for a clean, modern look.
However, we started to see a move away from the all-white kitchen a few years ago. It started with homeowners willing to take a risk with a different colored island, or different colored/two toned cabinets. It’s a beautiful look.
More recently, we’ve seen a shift to different colored kitchens altogether. Those who want to play it safe have been choosing neutral sand colors, but some have gone all-out with blues, greens and even black accents!
You don’t have to go ultra-modern to get the look. The key to great design is respecting the aesthetic of the rest of your home so it feels cohesive.
Tile
Portuguese and Moroccan-inspired tile is everywhere right now!
A friend recently asked, “I love this look, but will I regret it in a few years?” There’s a way to do it right. If you aren’t a risk taker, then start small. Use the tile you love in a mudroom or laundry room, or use it as an accent piece behind your stove in the kitchen.
My prediction is this look is here to stay, so have fun with it!
Wallpaper
Once the staple of the family home, wallpaper got a bad reputation after the 80’s overuse with lots of busy patterns and borders. Not any more! The resurgence of wallpaper started a few years ago with statement accent walls and now it’s now back with a bang!
New wallpapers are geometric, textured and beautiful. Believe it or not, floral wallpaper is back too, but with a modern twist with large flowers that make really bold (yet tasteful) statements!
Flooring
Hardwood was the only way to go for many years. However, there’s new competition on the block and hardwood is no longer the must-have solution. Alternative flooring types bring a few benefits: some are more eco-friendly and/or are less expensive than hardwood.
Bamboo floors are a great option and look beautiful. They have similar water resistance and durability as hardwood but are more environmentally friendly because bamboo grows quickly (and therefore takes less time to replace).
Luxury Vinyl Tile (LVT) has also made a big comeback. This is not your Grandma’s kitchen floor. The new LVT is modern, hard wearing and can look beautiful in any space in your home. You’ve probably seen this in homes and not even realized it was LVT!
With lumber tariffs having an ever-increasing impact on remodeling costs, the trend for non-hardwood floors is growing with all signs pointing to the reign of hardwood being over.
Brass Fixtures
For the last decade (and counting), brass fixtures were everywhere. Everyone was ready to leave the heady days of 1980/90s brass everywhere in the past and there was a shift to satin nickel and chrome.
Well, what was old is new again, but with an updated look. Gold brass has been given an updated look with softer shades and finishes. What’s nice about the new-look brass is that is pairs so well with the trend of mixed metals.
That’s right, not every fixture has to match any more — brass and mixed metals have been all over the design shows and magazines this year.
Is it a trend that will stick? If you do it right! But no, that doesn’t mean you get to claim your faucets from 1985 are once again trendy!
This month’s remodel features a single family home remodel in North Reston. What we loved about these wonderful clients was their desire to think outside the box with regards to cabinetry. Anything is possible: we even matched the blue cabinetry to the homeowner’s favorite blue purse!
Find out more about our approach to remodeling. Not ready to remodel and just want to keep in touch? Sign up to receive design inspiration directly in your inbox!
Meet Jasper, an Italian greyhound mix available for adoption locally.
Here is what his friends at Safe Haven Puppy Rescue have to say about him:
A happier dog you just will not find — Jasper is ready to make some lucky adopter out there a terrific new best friend.
This great little fella is a nice blend of friendly affection and normal puppy playfulness and will be great company.
Are you and Jasper a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.
Want your pet to be considered for the Reston Pet of the Week?
Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.
Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.
This is a sponsored column by attorneys John V. Berry and Kimberly H. Berry of Berry & Berry, PLLC, an employment and labor law firm located in Plaza America in Reston that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
One of the most evolving areas of employment law today is how off-duty social media use is increasingly affecting employees and their employment. One of the most common misconceptions about employee off-duty social media use is that it is somehow protected by law and cannot subject an employee to discipline. In particular, there is a belief that the First Amendment protects speech made outside of work on social media.
This isn’t the case. The First Amendment generally does not protect this type of speech for private sector employees and only rarely does for public sector employees.
Recent Examples in the News
Some recent examples of the connection between social media and employment have made the news recently. In one example, a private school administrator was placed on suspension for making inappropriate comments to Attorney Michael Avenatti on Twitter. A second example involved a Dean at Catholic University who this week was suspended for making comments about a female complainant related to the Kavanaugh U.S. Senate Supreme Court proceedings on social media.
Few Protections for Employee Use of Social Media
We have seen similar kinds of social media use issues arise in workplace termination cases far more frequently these days. The use of social media by employees is generally not protected by the First Amendment which only protects individuals from government action, not actions of private employers.
Employees can be terminated for social media speech even if it was created with their private accounts and prepared after work hours. Many companies are increasingly receiving complaints about employees who make threatening or inappropriate comments on Facebook, Twitter or other social media outlets.
As a result, many employers are then taking disciplinary action against these same employees. As the law on social media evolves we may see some protections develop where an employer takes discriminatory action for a post or violates other state and federal laws.
However, right now there is little in the way of protections for employment actions taken due to social media postings.
As easy as it is for an individual to express an inappropriate comment on social media in a moment of frustration it is just as easy for someone who sees the comment to report it to an employer.
In this evolving world of social media and employment law, it is generally a good idea for employees to understand the thin line that exists between posting on social media in a moment of frustration and an employer taking disciplinary action against them.
Conclusion
When facing employment or wrongful termination issues in Virginia it is important to obtain the advice of and representation of an attorney. Our law firm advises and represents individuals in wrongful termination matters in Virginia and other jurisdictions. We can be contacted at www.berrylegal.com or by telephone at 703-668-0070.
Please also visit and like us on our Facebook and Twitter pages.
Meet Jack, a retriever mix available for adoption locally.
Here is what his friends at Safe Haven Puppy Rescue have to say about him:
Jumping Jack is such an adorable puppy with that cute little face. At six weeks old and about 6 pounds we think that he is a retriever mix. He will most likely be a nice medium/large size guy when full grown, perhaps around 50 pounds.
This great little guy is a nice friendly affectionate puppy that loves to play and gives great puppy kisses. He can’t wait to meet his new family with whom he can grow and learn.
Are you and Jack a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.
Want your pet to be considered for the Reston Pet of the Week?
Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.
Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.
Meet Baxter, a domestic short hair kitten available for adoption locally.
Here is what his friends at Little Buddies Adoption and Humane Society have to say about him:
Baxter is a sweet boy. Enjoys being cuddled. He loves affection and is very playful.
He loves to bat toys, play with a track ball, and chase a laser light. He also loves wresting with his brother, Buster.
Baxter was about 3 months old the first part of September.
(Note: Little Buddies has adoption events every Saturday from noon to 3 p.m. at Pet Valu in the North Point Village Shopping Center.)
Are you and Baxter a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.
Want your pet to be considered for the Reston Pet of the Week?
Email [email protected] with a 2-3 paragraph bio and at least 3-4 horizontally-oriented photos of your pet. Each week’s winner receives a sample of dog or cat treats from our sponsor, Becky’s Pet Care, along with $100 in Becky’s Bucks.
Becky’s Pet Care, the winner of three Angie’s List Super Service Awards and the National Association of Professional Pet Sitters’ 2013 Business of the Year, provides professional dog walking and pet sitting services in Reston and Northern Virginia.
This is a sponsored column by attorneys John V. Berry and Kimberly H. Berry of Berry & Berry, PLLC, an employment and labor law firm located in Plaza America in Reston that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
Many individuals come to us when they receive a document referred to as a Statement of Reasons (SOR) which federal agencies issue to individuals when considering the denial of their security clearance. A SOR can be issued to federal employees or government contractors currently holding or seeking a security clearance.
What is a Statement of Reasons?
A SOR lists the factual basis for potentially denying an individual’s security clearance. The SOR will list individual security concerns and provide the individual an ability to formally respond.
Typically, a federal agency will issue the SOR to the individual following the development of a security clearance concern. Subsequently, this security concern will be reviewed by the federal agency’s security office and either be cleared or proceed formally through the clearance adjudication process.
The SOR is the key document to analyze when attempting to avoid an adverse security clearance decision. For federal employees, agencies will generally attach the SOR to a cover letter that references the agency’s intent to revoke eligibility for the employees’ security clearance and provide it directly to the employee. For government contractors, the government will typically issue the SOR through the employer’s security officer.
The following is an example of a SOR issued for a federal employee based on personal conduct:
STATEMENT OF REASONS
Guideline E, Personal Conduct: Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness, and ability to protect classified or sensitive information. Of special interest is any failure to cooperate or provide truthful and candid answers during national security investigative or adjudicative processes.
- a. On September 26, 2018 after a fellow employee accused you of theft in the office you engaged in aggressive physical conduct towards him and were subsequently detained by law enforcement.
- On September 27, 2018 you falsely recorded the amount of hours you worked on your weekly time sheet.
- On October 23, 2018, you lied to investigators when you falsely stated that you worked all of the hours you claimed on your weekly time sheet on September 27, 2018.
How to Respond to a SOR
If an individual receives a SOR, the key for a potential successful defense involves being able to refute the specific factual allegations or to mitigate them. This process begins with hiring an attorney to assist the individual in their response.
In the example above, since it is often the case that mistakes are made in SOR’s or that information is outdated, the first step is to determine from the individual whether the allegations themselves are true, i.e. whether they actually engaged in physical conduct, falsely recorded hours on their time sheet and/or was truthful with investigators during the investigation.
Accordingly, if the facts turn out to be true, the next task is to find out what mitigating factors could be helpful in explaining why the person should still be granted a security clearance.
To do this, one must review the National Security Adjudicative Guidelines for potential conditions that can mitigate the corresponding security concerns. Additionally, the Whole-Person Concept provides overall mitigation factors for security clearance matters.
For instance, in the example above, after reviewing the Adjudicative Guidelines and the Whole-Person Concept, there may be an argument that the issues raised were isolated incidents and do not reflect the overall character of the person.
Similarly, it would also be helpful to understand whether the employee reported the incidents to security officials prior to their discovery. Additionally, letters of character, charitable work, prior military service and/or good work performance can often help to demonstrate mitigation.
Overall, the key to responding to the SOR is to start with the factual allegations, provide a full synopsis of all facts involving each allegation, and then review the corresponding potential mitigating factors. Taking these steps will begin the process of properly preparing an effective response to the SOR.
Conclusion
We represent federal employees and government contractors in security clearance cases. Should you need assistance in a security clearance matter, please contact us by telephone at 703-668-0070 or through our contact page. Please also visit and like us on our Facebook and Twitter pages.
By John V. Berry, Esq.
Many individuals come to us when they receive a document referred to as a Statement of Reasons (SOR) which federal agencies issue to individuals when considering the denial of their security clearance. An SOR can be issued to federal employees or government contractors currently holding or seeking a security clearance.
What is a Statement of Reasons?
A SOR lists the factual basis for potentially denying an individual’s security clearance. The SOR will list individual security concerns and provide the individual an ability to formally respond.
Typically, a federal agency will issue the SOR to the individual following the development of a security clearance concern. Subsequently, this security concern will be reviewed by the federal agency’s security office and either be cleared or proceed formally through the clearance adjudication process.
The SOR is the key document to analyze when attempting to avoid an adverse security clearance decision. For federal employees, agencies will generally attach the SOR to a cover letter that references the agency’s intent to revoke eligibility for the employees’ security clearance and provide it directly to the employee. For government contractors, the government will typically issue the SOR through the employer’s security officer.
The following is an example of a SOR issued for a federal employee based on personal conduct:
STATEMENT OF REASONS
Guideline E, Personal Conduct: Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness, and ability to protect classified or sensitive information. Of special interest is any failure to cooperate or provide truthful and candid answers during national security investigative or adjudicative processes.
- a. On September 26, 2018 after a fellow employee accused you of theft in the office you engaged in aggressive physical conduct towards him and were subsequently detained by law enforcement.
- On September 27, 2018 you falsely recorded the amount of hours you worked on your weekly time sheet.
- On October 23, 2018, you lied to investigators when you falsely stated that you worked all of the hours you claimed on your weekly time sheet on September 27, 2018.
How to Respond to a SOR
If an individual receives a SOR, the key for a potential successful defense involves being able to refute the specific factual allegations or to mitigate them. This process begins with hiring an attorney to assist the individual in their response.
In the example above, since it is often the case that mistakes are made in SOR’s or that information is outdated, the first step is to determine from the individual whether the allegations themselves are true, i.e. whether they actually engaged in physical conduct, falsely recorded hours on their time sheet and/or was truthful with investigators during the investigation.
Accordingly, if the facts turn out to be true, the next task is to find out what mitigating factors could be helpful in explaining why the person should still be granted a security clearance.
To do this, one must review the National Security Adjudicative Guidelines for potential conditions that can mitigate the corresponding security concerns. Additionally, the Whole-Person Concept provides overall mitigation factors for security clearance matters.
For instance, in the example above, after reviewing the Adjudicative Guidelines and the Whole-Person Concept, there may be an argument that the issues raised were isolated incidents and do not reflect the overall character of the person.
Similarly, it would also be helpful to understand whether the employee reported the incidents to security officials prior to their discovery. Additionally, letters of character, charitable work, prior military service and/or good work performance can often help to demonstrate mitigation.
Overall, the key to responding to the SOR is to start with the factual allegations, provide a full synopsis of all facts involving each allegation, and then review the corresponding potential mitigating factors. Taking these steps will begin the process of properly preparing an effective response to the SOR.
Conclusion
We represent federal employees and government contractors in security clearance cases. Should you need assistance in a security clearance matter, please contact us by telephone at 703-668-0070 or through our contact page. Please also visit and like us on our Facebook and Twitter pages.
