Request for Reconsideration Concerning Entitlement to Backpay

An Equal Employment Opportunity Commission employee requested reconsideration of a prior GAO decision denying his claim for backpay. The employee was given a temporary promotion for a period not to exceed 1 year. During that period, the agency instituted a reorganization and notified the employee that he would be reinstated in the lower grade position. The employee claimed backpay because he was not given specific notice of the temporary promotion termination until several weeks after it became effective. GAO stated that an agency may terminate a temporary promotion at any time. However, notice is usually required before an employee may be reduced in grade or salary. In this case, the employee signed a statement acknowledging the agency's prerogative to terminate his promotion at any time his services were no longer needed in the supervisory capacity, and he was notified in November 1978 that his position would be abolished in January 1979. Accordingly, the prior decision was affirmed.