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Claim for Retroactive Promotion and Backpay

B-196633 May 19, 1980
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Highlights

An employee appealed a previous decision which denied him a retroactive promotion with backpay because the record failed to show that the employee was detailed to an established higher-grade position. The employee had not presented any proof that he was detailed to the higher-grade position. In his appeal, he presented a letter from a fellow employee in support of his contention that he was detailed to the higher-grade position. Additionally, he based his claim for temporary promotion and backpay on regulations which state that employees detailed to higher-grade positions for more than 120 days, without Civil Service Commission approval, are entitled to retroactive temporary promotions with backpay for the period beginning with the 121st day of the detail until the detail is terminated. GAO held that the employee was not entitled to a retroactive promotion or backpay since the higher-grade position was not classified until 1.5 months after the alleged higher-grade detail of the employee. It is a well established rule that an employee may not be promoted to a position which has not been classified. Additionally, GAO held that the employee did not sustain his burden of proof based on a letter from a fellow employee since the coworker did not have the authority to detail the employee to work outside of his position. Therefore, a letter from a fellow employee does not constitute sufficient documentation to establish that the employee was officially detailed to and performed the full range of duties of a higher-grade classified position. Accordingly, the previous decision was sustained.

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