B-183328: Apr 16, 1976

SMALL BUSINESS ADMINISTRATION EMPLOYEE WAS REMOVED FROM HIS POSITION PURSUANT TO A DIRECTION BY CIVIL SERVICE COMMISSION THAT HIS TEMPORARY VETERANS READJUSTMENT APPOINTMENT VIOLATED 5 CFR 316.402(B)(7). EMPLOYEE IS. IS ENTITLED TO RETAIN SALARY AND LUMP-SUM PAYMENT FOR ANNUAL LEAVE ACCRUED DURING PERIOD OF HIS EMPLOYMENT. REGION VIII OF THE SMALL BUSINESS ADMINISTRATION (SBA) CONCERNING WHETHER C...

B-183328: Apr 16, 1976

The agency questioned whether compensation paid to an employee must be recovered if the Civil Service Commission determines that the appointment was in violation of appointment authority. Even though the appointment violated regulations concerning temporary employment, the employee may be considered as a de facto employee and, as such, is entitled to retain his salary and lump-sum payment for annu...