A special employee is an individual who is temporarily lent to another employer with their consent while still working for their original employer. The borrowing employer holds responsibility for the actions of the special employee, but may also be protected by workers’ compensation laws. On the other hand, a probationary employee is someone who is being assessed during a trial period of employment. Meanwhile, a statutory employee is covered by their employer’s workers’ compensation insurance and is unable to sue their employer for unintentional job-related injuries.
A special employee refers to an employee who willingly lends their services to another employer. During this time, the borrowing employer temporarily takes charge of the employee’s work. Under the doctrine of respondeat superior, the borrowing employer is held accountable for the employee’s actions. However, the employer may also have the right to claim immunity under workers’-compensation laws. For instance, a construction worker employed by a subcontractor but lent to a general contractor for a specific project is considered a special employee of the general contractor. Similarly, a nurse employed by a staffing agency but lent to a hospital for a specific shift is regarded as a special employee of the hospital. These examples demonstrate how a special employee works for one employer but is temporarily lent to another employer. The borrowing employer assumes control over the employee’s work and becomes responsible for any actions taken by the employee. Nevertheless, the employer may also be eligible to assert immunity under workers’-compensation laws.
A special employee is an individual who is hired by one employer but is temporarily assigned to work for another employer under a special arrangement.
A special employee differs from a regular employee in that they maintain their employment relationship with their original employer while working for another employer on a temporary basis.
Being a special employee allows individuals to gain additional work experience, expand their skillset, and potentially earn higher wages while still maintaining their original employment benefits.
Yes, the employer the special employee is temporarily assigned to has the right to terminate their employment, just like any other employee. However, the special employee’s original employer may still retain them as an employee.
The employer the special employee is temporarily assigned to is responsible for paying their wages during the period of assignment.
Yes, a special employee is generally eligible to file a workers’ compensation claim if they suffer an injury or illness while working for the employer they are temporarily assigned to.
Special employees may be entitled to certain benefits provided by the employer they are temporarily assigned to, but they will generally continue to receive their regular employment benefits from their original employer.
Yes, a special employee has the right to file a lawsuit against the employer they are temporarily assigned to if they believe their rights have been violated or if they have suffered harm due to negligence or misconduct.
In most cases, a special employee cannot refuse an assignment from the employer they are temporarily assigned to without facing potential consequences, as they are expected to fulfill their duties as directed.
The duration of a special employee’s assignment can vary depending on the agreement between the original employer and the employer they are temporarily assigned to. It can range from a few days to several months, but typically does not exceed one year.
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.
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