employee

employee. A person who works in the service of another person (the employer) under an express or implied contract of hire, under which the employer has the right to control the details of work performance. — Also spelled employe. Cf. AGENT(1); INDEPENDENT CONTRACTOR. [Cases: Master and Servant

1. C.J.S. Apprentices §§ 2, 11; Employer–Employee Relationship §§ 2–3, 6–12.]

borrowed employee. An employee whose services are, with the employee’s consent, lent to another employer who temporarily assumes control over the employee’s work. • Under the doctrine of respondeat superior, the borrowing employer is vicariously liable for the employee’s acts. But the employer may also be entitled to assert immunity under workers’-compensation laws.

— Also termed borrowed servant; loaned employee; loaned servant; employee pro hac vice; special employee. See RESPONDEAT SUPERIOR. [Cases: Master and Servant 301(4); Workers’ Compensation 202. C.J.S. Employer–Employee Relationship §§ 197–200; Workmen’s Compensation § 122.]

probationary employee. A recently hired employee whose ability and performance are being evaluated during a trial period of employment.

statutory employee. Workers’ compensation. An employee who is covered, or required to be covered, by the employer’s workers’-compensation insurance and who therefore has no independent tort claim against the employer for unintentional injuries suffered on the job. See statutory employer under EMPLOYER. [Cases: Workers’ Compensation 187. C.J.S. Workmen’s Compensation §§ 121, 132.]


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