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Legal Definitions - employee pro hac vice

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Definition of employee pro hac vice

The Latin phrase pro hac vice means "for this occasion only" or "for this turn." Therefore, an employee pro hac vice refers to a situation where an individual, while generally employed by one company, is temporarily placed under the direct control and supervision of another company for a specific task or period. For that particular task or duration, the temporary employer is considered the employer "for this occasion only." This concept is crucial for determining legal responsibility, especially concerning actions or injuries caused by the employee during the temporary assignment.

Here are some examples illustrating this concept:

  • Construction Project Staffing: A general contractor (Company A) is building a new office complex. To meet a tight deadline, they contract with a specialized equipment rental company (Company B) to provide a crane and an experienced operator. While on the construction site, the crane operator takes direct instructions from Company A's site supervisor regarding where to position the crane, when to lift materials, and how to operate within the project's specific safety protocols. Company B handles the operator's payroll and benefits.

    Illustration: Company B is the crane operator's primary employer. However, for the duration of the construction project, because Company A's supervisor exercises direct control over the operator's day-to-day work and specific tasks, Company A acts as the employer pro hac vice. This distinction is important because if the operator negligently causes an accident on site while following Company A's direct instructions, Company A, not Company B, might be held legally responsible for that specific incident.

  • Specialized IT Support: A small business (Company X) experiences a critical network outage that its internal IT staff cannot resolve. They hire an external IT consulting firm (Company Y) to send a senior network engineer to diagnose and fix the problem. Once on site, Company X's CEO provides the engineer with specific instructions on which servers to prioritize, grants access to sensitive systems, and closely oversees the repair process, even though the engineer remains an employee of Company Y.

    Illustration: Company Y is the network engineer's primary employer. However, for the specific task of resolving the network outage and while under the direct supervision and control of Company X's CEO, Company X becomes the employer pro hac vice. This could be relevant if, for example, the engineer, while strictly following Company X's specific, perhaps unusual, instructions, inadvertently causes further damage to the system that falls outside Company Y's standard operating procedures.

  • Event Logistics: A large music festival organizer (Company P) contracts with a local trucking company (Company Q) to provide drivers and trucks for transporting stage equipment, sound systems, and lighting rigs between different festival venues. During the festival, Company P's logistics manager directs the drivers on precise routes to take, specific loading and unloading times, and exact parking locations at each venue, maintaining constant communication and oversight.

    Illustration: Company Q is the drivers' primary employer, responsible for their wages and vehicle maintenance. However, because Company P's logistics manager is exercising direct, real-time control over the drivers' actions for the specific event transportation tasks, Company P could be considered the employer pro hac vice. This distinction could be significant if a driver, while strictly adhering to Company P's detailed instructions, causes an accident or damage during the event logistics.

Simple Definition

An "employee pro hac vice" refers to a worker who is temporarily assigned or "borrowed" by one employer from another for a specific purpose.

This arrangement means the employee works for the borrowing employer "for this occasion only," typically for a particular task or limited period.

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