Claim for Retroactive Promotion and Backpay

B-195229: Sep 14, 1979

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An employee appealed the denial of his claim for a retroactive temporary promotion and backpay, alleging that at the time he was recruited by the government, the government and he entered into a good faith agreement that he would be promoted to a GS-13 position after a year's service, and that the government failed to honor the agreement because of a high grade freeze. GAO has held that an agency-imposed freeze does not bar retroactive promotion and backpay. In this case, however, the employee was not detailed to another position at a higher grade and, therefore, was not entitled to a retroactive temporary promotion with backpay. The fact that the employee was led to believe that he would be promoted after 1 year in grade does not create a legal right for such promotion. The decision disallowing the claim was sustained.

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