Severance Pay, Attorney's Fees, Court Costs, and Real Estate Expenses Incident to Erroneous Separation

B-178551: Jan 2, 1976

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

A Federal employee requested reconsideration of the disallowance of his claim for various expenses incident to an erroneous separation from civil service employment. Retroactive reinstatement and award of backpay incident to an erroneous separation precluded award of severance pay for the same period. Claims for real estate and moving expenses incident to the erroneous separation were also precluded by the award since the employee was entitled only to those payments or allowances which he normally would have received if the unwarranted personnel action had not occurred. Claims for attorney's fees and costs of litigation were not reimbursable in the absence of express statutory authority or the inclusion of an award of such costs and fees in the District Court judgment.