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No Back Pay, No Employment Contract, No Promotion

Collier v. U.S.

HR Spec (Classification)
USAF
Tue Aug 31, 2004 2:49 PM

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Mr Smith, you're correct, the employee is out of luck. 1 - Classification does not recognize duties performed "in the absence of" anyone else. 2 - Back pay is never awarded in circumstances like these. 3 - Again, our system unfortunately requires managers to be on their toes and make needed changes when they are needed. But if they don't, ultimately the employee is the one who suffers for management's lapse. His managers acted inexcusably - Mr Collier absolutely should have been temporarily promoted, no doubt.

I agreed

Procurement Technician
ACA, 65th RSC/Prior ACA,DOC, Fort Buchanan
Wed Sep 1, 2004 6:21 AM

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An employee doing a job because is needed, and because there are no other resources, should be proud of doing so to accomplish the mission. Lets the system take care by attrition. An employee should fight for their rights when there is an injustice or they are violating their rights. I have been performing a higher lever position, outstanding job for 3 years as a GS6 and the previous management never gave me a promotion, nor pay because simply she didn't like me. Sorry but I had to say that. I never fight for it because I was hired as a GS6 and if they didn't recorgnized my outstanding job, let God take care of them. Sorry but I had to say it.

no back pay

Maintenance Worker
MCCS PARRIS ISLAND MCRD/MCAS BEAUFORT
Thu Sep 2, 2004 11:50 AM

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I am filling the billet of the locksmith
for all mccs buildings. My grade is
NA10. I do not have a PD. I have not had a PD for over 2 Years. The
Union is a JOKE! We could all work
elseware, but with 26 years in we
can only hope/cope with what we
have. It is better than unemployment?

Back Pay

Union President
DOI
Fri Nov 5, 2004 2:52 PM

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I disagree with the court findings in this case of NO BACK PAY, the way I interpete the law is to read that if the employee is qualified for the postion in which they are acting they should be paid or compensated for the job preformed.
The governement takes advantage of governement employees and don't pay them for performing a job well done.

back pay act

The Plaintiff talks
Plaintiff
Sat Mar 12, 2005 8:55 AM

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To get covered by the back pay act, I claimed that the failure to temporarily appointment me to the GS-15 was an unjustified act that resulted in the loss of pay. The court did not buy this, of course, and fell back on its standard statements about appointments, etc. My supervisor at the time was well aware of what was happening there and know that if I complained of a lack of such pay I would be hurt in the future competition for the same position. The people in the office were well aware of the possible consequences if I did not do the job. Unfortunately, my supervisor at the time came in my office after appointing his "employee" who had worked for him and told me that he did not select me because his employee did not want to retire. He was not married and had no children and was like 70 years old. Our office had been transferred to the ESC/JA and we were worried that such favoritism would prevail. The Col. was visibly angry with me when I appointed one of our office secretaries to the head position in our office over one of the secretaries that applied from his office. Pay back time coming. Please do not tell me about merit promotion. I was involved in hiring several employees in the past, and I saw how personnel twisted the facts to give points to a favored candidate. I was far more qualified to lead the office after doing the job for almost two years. The warning to federal employees is do not do any job outside of your appointed job, no matter what unless you receive temporary appointment to that position on paper. Claim that you want to be sure you get official credit for the higher job position work and do not fall for the story that it will only last a few weeks or months and that the extra paper work will burden them, that is their job at personnel. Your supervisor is using you for his own benefit. He will claim that his workers are so devoted to the job that he is saving money for the government. If you do take the job because of possible future consequences, ie, possible promotion into that job, "do" the job. As the lead patent attorney in the office, almost everyone was aware of the back room games that were going on there. It was almost like blackmail: if you do not do the acting chief job I will not consider you for promotion into that slot. Further several of the patent attorneys in the office were conducting private business on government time. One actually left the office for several hours of the day. His supervisor was warned on this behavior but he did not stop it. The employee was eventually fired and was disbarred for other conduct to my understanting.

Total Comments: 19
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