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[Questions Concerning Entitlement of Individual to Compensation]

B-216090 Published: Feb 12, 1985. Publicly Released: Feb 12, 1985.
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Highlights

A decision was requested concerning the entitlement of an individual to compensation as a de facto employee for services performed for the Presidential Commission on Indian Reservation Economies. The individual was offered employment with the Commission as an expert and, since the need for his services was immediate, he began work and the Department of the Interior's personnel office was requested to meet with him as quickly as possible. During the course of that meeting, the personnel office was informed that he preferred a civil service appointment and that he had already begun the work at the request of the executive director. However, the personnel officer told him to stop working and that he could not be paid for his services until he was appointed. It was decided to give the individual an excepted appointment; however, he decided not to accept the appointment and formally requested payment for the services which he had performed. GAO found that, since the individual performed services for the Commission, he was entitled to compensation for these services as a de facto employee. However, since the individual was made aware of the limitations regarding federal employment during his meeting with the personnel office, he could not claim compensation for services rendered beyond the date of the meeting. Accordingly, GAO held that the individual may be compensated at the rate of compensation he would have received as an expert before the date of the meeting, but his claim for compensation for services rendered beyond that date was denied.

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