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B-191814 1 (1979-01-15)

handle is hein.gao/gaobadgva0001 and id is 1 raw text is: THE COMPTROLLER GEEA DECIIN . OF THE UNITED STATES W A SH INGTON, 0.C . 2054 8 FILE: B-191814 OAT January 15, 1979 MATTER OF: Richard E. Berger - einstatement and BackpayJ DIGEST: Former civilian employee's claim for reinstatement and backpay, based upon allegation that his resignation from the Department of Housing and Urban Develop- ment was involuntary because it was based upon false and misleading information, is disallowed since there has been no finding of an unjustified or unwarranted personnel action by an appropriate authority. Mr. Richard E. Berger requests reconsideration of a settlement (Z-2789222) by the Claims Division of this Office, dated February 28, 1978, which disallowed his claim for reinstatement to his former position and .retroactive adjustment of his salary to reflect con- tinued employment with the Department of Housing and Urban Development (HUD). The record indicates that Mr. Berger was employed by HUD as an auditor from February 9, 1970, to the date of his resignation on June 24, 1972. Mr. Berger alleges that his resignation was involuntary because it was based upon false and misleading infor- mation supplied by his supervisors. The claimant states that if notification of his acceptance into a retraining program was not withheld from him, he would not have resigned since his resigna- tion was prompted by a belief in a future reduction in staff. In addition, Mr. Berger asserts that notice of the cancellation .of a contempiated reduction of force was withheld from him until 3 days following the effective 'date of his resignation. On the basis of these facts, Mr. Berger requests that he be compensated for backpay lost since the date he resigned, as well as being reinstated to his former position. Mr. Berger challenged the refusal of HUD to reinstate him and to compensate him for backpay to the United States Civil Service Commission (CSC). On October 7, 1974, the claimant requested that the Federal Employees Appeals Authority, Seattle Field Office, review the.circumstances surrounding his resigna- tion. The Appeals Authority denied the request stating that Mr. Berger's challenge was untimely and that there was no

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