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B-198142 1 (1981-08-19)

handle is hein.gao/gaobadjrd0001 and id is 1 raw text is: DECISION FILE: B-198142 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. . C. 20 8 DATE: August 19, 1981 MATTER OF: Allan S. Danoff and Leo A. Sanchez - Termination of temporary promotions DIGEST: 1. Two employees were given temporary promotions nc' to exceed 1 year. During that period, the agency with- out prior notice to the employees terminated the temporary promotions as part of a major reorganization. They claim backpay because they were not notified of the termination until after it became effective and because they continued performing higher-level duties. Since temporary promotions may be terminated at any time in the agency's discretion, and the employees knew or should have known of the ter- minations, the claims of the two em- ployees for backpay are denied. 2. Two employees, whose temporary promo- tions were terminated by their agency, continued to perform higher-level duties after termination. They are not entitled to backpay under Turner-Caldwell decisions because period of detail after termina- tion of temporary promotions did not exceed 120 days. In this case we decide that two employees of the Equal Employment Opportunity Commission (EEOC) are not entitled to backpay after their temporary promo- tions were terminated without prior notice to them. The question was raised by EEOC's Budget and Finance Director who requested an advance decision on whether the backpay remedy recommended by a grievance examiner may be implemented. Mr.. Allen S. Danoff and Mr. Leo A. Sanchez were employed in the Baltimore District Office of the Equal Employment Opportunity Commission. On July 30, 1978, they both received temporary promotions, not to exceed one year, from Equal Opportunity Specialist, GS-12, to Supervisory Equal Opportunity Specialist, GS-13. By letters of July 19, 1978, both had been notified in ad- vance that the promotions were temporary and that, when / ~4~?v'n 0 I/

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