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![handle is hein.gao/gaobadhcf0001 and id is 1 raw text is:
FILE: B-192264
THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D.C. 20548
DATE: April 3, 1979
MATTER OF: De Facto Employee
EE 1`& Ce 4pensit- rw SEeQ01ces
DIGEST:
AelrY m ed]-
An individual was told to, and did report
for an HEW summer hire program but when
the request for appointment was submitted,
the name was too far down the register to
be reached. The individual was not appointed
and stopped working. The individual was a
de facto employee, and may be compensated
for the services actually rendered to HEW.
This is in response to a for an advance decision
submitted by Ms. Virginia Wingo, Certifying Officer, Division of
Central Payroll and Reports Processing, Department of Health,
Education, and Welfare (HEW , concerning the authority to pay
an individual for work performed even though that individual
was never officially appointed to a position with HEW.
The per-en invlve was told to, and did, report for work
in a summer hire program, before being officially appointed.
When the name request for Personnel Action was processed, the
individual was too low on the register to be-reached. This person
then stopped working for HEW, but has not yet been paid for the
work performed. We have been asked if the individual may be paid
for the services rendered. The certifying officer has recognized
that this individual was a de facto employee and questions her
authority to compensate the person for the services rendered.
We have long held that a de facto employee may retai
compensation that has been paid to him. 38 Comp. Gen. 175 (1958).
Recently, we have authorized payment of compensation to a de facto
employee after it was ascertained that the employee's status was
that of a de facto em1 es.52 Comp. Gen. 700 (1973) and 55 id.
109 (1975). In1, these cases, individuals performed services
in good faith, under color of authority, but without a valid appoint-
ment. I..ech____ at the time of termination, the individuals had
received no compensatin1 for the services performed. In both cases
we authorized payment The facts of the instant case follow the
same pattern, and t above-cited cases are controlling here.
DECISION
ct
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