Employee May Be Compensated for Services Performed

B-192264: Apr 3, 1979

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An advance decision was requested concerning the authority to pay an individual for work performed even though that individual was never officially appointed to a position with the Department of Health, Education, and Welfare (HEW). The claimant was told to, and did, report for work in a summer hire program, before being officially appointed. When the "name" request was processed, the claimant was too low on the register. The individual terminated employment with HEW, but was not paid for the work performed. De facto employees may retain compensation that has been paid to them. In two similar cases, individuals performed services in good faith, under color of authority, but without a valid appointment and at the time of termination, the individuals had received compensation. In both cases compensation was authorized. Accordingly, the individual involved may be compensated for services performed, even though the claimant never received a valid appointment.