Define: Employee Pro Hac Vice

An employee is an individual who is employed by another party based on a contractual agreement. The employer possesses the authority to dictate the manner in which the work is performed. A borrowed employee refers to an individual who consents to work for a different employer on a temporary basis. The employer borrowing the employee assumes responsibility for the actions of the borrowed employee. A probationary employee is an individual who is undergoing evaluation during a designated period of employment. A statutory employee is protected by the employer’s workers’ compensation insurance and is unable to file a lawsuit against the employer for unintentional workplace injuries.

An employee pro hac vice refers to a borrowed employee who has given consent to temporarily work for another employer. The borrowing employer assumes control over the employee’s work and, according to the doctrine of respondeat superior, becomes vicariously liable for the employee’s actions. However, the employer may also be able to claim immunity under workers’-compensation laws. For instance, if a construction company borrows an electrician from an electrical company for a project, the electrician becomes an employee pro hac vice of the construction company. In case the electrician causes any damage or injury during the project, the construction company is held responsible. Another example is when a restaurant hires a probationary employee for a trial period of employment. The probationary employee’s performance is evaluated, and they may be offered a permanent position if they meet the employer’s expectations. Statutory employees are workers who are either covered or required to be covered by the employer’s workers’-compensation insurance. They do not have an independent tort claim against the employer for unintentional injuries suffered on the job. For example, a delivery driver who gets injured while making a delivery for their employer is considered a statutory employee.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.