Retroactive Temporary Promotion

Albert J. Angebranndt, Administrator, Administration and Management, Employment and Training Administration, requested a ruling on the legality of a retroactive temporary promotion effected when the intent to permanently promote and reassign an employee was frustrated through improper merit staffing procedures. Personnel actions may not be made retroactively effective in the absence of an unjustified or unwarranted personnel action that deprived the employee of a vested right. Because the employee had no vested right to the promotion, the action was improper; however, the erroneous payments may be waived.