Legal Definitions - employee pro hac vice

An employee pro hac vice is a borrowed employee who has given their consent to work for another employer temporarily. The borrowing employer assumes control over the employee's work, and under the doctrine of respondeat superior, they are vicariously liable for the employee's acts. However, the employer may also be entitled to assert immunity under workers'-compensation laws.

For example, if a construction company borrows an electrician from an electrical company to work on a project, the electrician becomes an employee pro hac vice of the construction company. If the electrician causes damage or injury while working on the project, the construction company is responsible for their actions.

Another example is when a restaurant hires a probationary employee to work during a trial period of employment. The probationary employee's ability and performance are being evaluated, and they may become a permanent employee if they meet the employer's expectations.

Statutory employees are workers who are covered, or required to be covered, by the employer's workers'-compensation insurance. They have no independent tort claim against the employer for unintentional injuries suffered on the job. For instance, a delivery driver who is injured while making a delivery for their employer is a statutory employee.