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B-182526 1 (1975-07-03)

handle is hein.gao/gaobadcgf0001 and id is 1 raw text is: k LER ~ ,~ '.TH CO PTF.JLER GENERAL cIION 10\ * A . OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: DATE: J75 5 B-182526 0 MATTER OF: Bennie L. Moore - Backpay Computation - Discrimination DIGEST: 1. Employee was restored to duty after his service had been terminated during probation as a result of racial discrimination. Total interim earnings from private enterprise are .for offset against total Federal backpay otherwise due, even though this results in no backpay payment. Interim earnings may not be computed and set off on a pay period by pay period basis to reduce the effect of interim earnings. 2. Employee was restored to duty after his service had been terminated during probation as a result of racial discrimination. Lump-sum pay for annual leave may not be considered for waiver under 5 U.S.C.A 5584, since payment was proper when made. Also, there is no authority to waive payment of retirement deductions on the aount of Federal pay tbat would have been earned during the period of separation, notwithstanding interim earnings exceeded amount of Federal pay. The National Finance Center, United States Department of Agriculture, has requested an advance decision as to the computation of backpay due Mr. Bennie L. Moore incident to a cancellation of - the personnel action which terminated his services during probation. It is stated that the termination was the result of racial discrimi- nation, with his career-conditional appointment of June 28, 1970, terminated effective November 20, 1970. It appears that Mr. Moore's appointment is seasonal, with an alternating tour of duty of 19 pay periods of full-time status and 7 pay periods of called-when-needed (CWN) status. When cancel- lation of the termination was made on December 10, 1972, Mr. Moore was restored to his CWN status. He started working again inter- mittently on January 22, 1973, :and went to full-time work on April 9, 1973. It is stated that during the interim period he was off the rolls, Mr. Moore's total private employment earnings exceeded his estimated Government earnings, had he not been terminated. PUBLISIHED DECISION 55 (omp. Gen..........

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