About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-191397 1 (1978-09-06)

handle is hein.gao/gaobadjak0001 and id is 1 raw text is: 9. 7~ .4 DECISION THE CDMPTROLL.'R GENERAL OF THE UN ITED STATES WAS HIN GTO N, FILE: 13-191397 MATTER DIGEST: 0oC. 20546! DATE: Ceptlblv 6, 1978 OF: Betsy Ducheneaux - Do Facto Employee Employee t'egan working at; Public Health Service (PHS) Indian Hospital approximately 6 weeks prior to PHS' discovery that necessary documents were not completed before she began employment. Employee may be considered de facto employee since she per- formed her duties in g F faith and, therefore, may be compensated for the reasonable value of her se,,'ce during de facto period, JHowever, de facto empicees do notearn leave and, thus, her-claim for 2 days of sick leave is disallowed, This matter involves a reqtm,-st for an advance decision from Ms. Elenor E. Clemnents, an authorized certifying officer o 'the Public Health Service (PHS), Department of Health, Education, and Welfare, regarding a claim from Mrs, Betsy Ducheneaux, for work performed prior to the effective date of her appointment. Mrs. Ducheaeaux began working in the Food Service Department at the PUS Indian Hospital, Eagel Butte, South Dakota, on November 20, 1977. The conditions surrounding the beginning of her employment are detailed in a letter dated June 6, 1978, from Robert L. Thurmon, Service Uit Director for, the PHS Indian Hospital to Mrs. Clements, Mr. Thurmon states: Mrs. etsy Ducheneaux bagan employment on 20 Nov. - 30 Dec., 1977 acting in good faith upon the instructions of Mrs, Beatrice Lind, head of the Dietary Department. Mrs. Lind had &sked to hire a temporary employee to assist in the kitchen. The request was approved and she was informed to proceed with the nortnal hiring process. Mrs. Lind instructed Mrs. Ducheneaux to report for duty and did not have the nec- essary documents prepared for the entry on duty. It was later discovered that this had occurred and the necessary forms were filled out, pro- cessed and the employee was officially entered on du y. Mrs. Ducheneaux performed the services in good faith and under the color of authority. _2

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most