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B-188819 1 (1978-02-08)

handle is hein.gao/gaobadfpk0001 and id is 1 raw text is: U I hi STHE COMPTROLLER GENERAL LSION*F OPTH NIIED BTATBU , WASHINGTON. 0. C. 20548 FILE: B-188819 DATE: February 8, 1978 MATTER OF: Frances (%oldberg) Zucker - Severance Pay DIGEST:, Employee was appointed on April 21, 1975, to a position with American Revolution Bicent2nnial Administration. The agency was scheduled to be terminated no ltter than June 30, 1977. Employee resigned July 1, 1976. Employee is not entitled to severance pay under law and applicable regulations. This action is in response to art undated letter recL!ved by the Claims Division of Lhis Office on April 4, 1977, from Mrs. Frances H. Zucker, a former employee of the American Revolu- tion Bicentennial Administration (ARBA), which in effect constitutes an appeal from a settlement of the Claims Division of this Office dated Februiry b, 1977. That settlement upheld a determination by the Department of the Interior disallowing the former employee's 'lalm for teverance pay. The record indicates that the employee resigned from employment with the United States Government as a secretary (st'enog'apy) in the ARBA, a temporary agency serviced by the Department of the .tterior, effective July 1, 1976. The employee received a temporary appointment to her position effective April 21, 1975, not to exceed April 20, 1976. That appointment was converted to Reinstatement-- Career effective January 18, 1976. The employee had previously been employed by the Gov.rnmenr in the Department o Defense from 1961 until her recignation on June 12, 1974. The break betwaan her employment in the Department of Defense and subsequent employ- ment with AREA was 314 days. A dispute has arisen concerning the employee's ntitlement to severai.ce pay. It is her contention that her resignation was involuntary since prior to her resignation her name he.d'appeared on an information sheet circulated thr'ugh her office showing a termination date for her position as August 31, 1976. That'information sheet waa dated May 11, 1976. The Depart- ment of the Interior disallowed her claim for severance pay upon the basis that her resignation was voluntary, it having been sub- mitted before she had officially been issued a reduction-in-force letter. Further, the agency held that she would not be entitled to severance pay in any event since her employment -as temporary having accepted employment in an agency, ARBA, with a definite termination date. i4V I I I

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