Employee

Definition of Employee

A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed. Riverbend Country Club v. Patterson, Tex.Civ.App., 399 S.W.2d 382, 383. One who works for an employer; a person working for salary or wages.

Generally, when person for whom services are performed has right to control and direct individual who performs services not only as to result to be accomplished by work but also as to details and means by which result is accomplished, individual subject to direction is an “employee”.

“Servant” is synonymous with “employee”. Gibson v. Gillette Motor Transport, Tex.Civ.App., 138 S.W.2d 293, 294; Tennessee Valley Appliances v. Rowden, 24 Tenn.App. 487, 146 S.W.2d 845, 848. However, “employee” must be distinguished from “independent contractor,” “officer,” “viceprincipal,” “agent,” etc.

The term is often specially defined by statutes ( e.g. workers’ compensation acts; Fair Labor Standards Act), and whether one is an employee or not within a particular statute will depend upon facts and circumstances.

For “Executive employees” , see that title. See also Borrowed employee; Servant.

That's the definition of Employee in Black's Law Dictionary 6th Edition. Courtesy of Cekhukum.com.