Sem título

Página 1

SHRM Study Guide: Chapters 1–4

Section 1: Recruitment & The Hiring Process

Core Concepts: Job descriptions are the legal "DNA" of a position. They must be created before advertising to ensure the selection process is objective.

The 8 Essential Job Description Items:

Essential functions (ADA compliance).

Marginal/Less critical functions.

Special skills/Equipment operation.

Education/Certifications.

Reporting structure (who is the boss?).

Supervisory responsibilities (who reports to them?).

FLSA status (Exempt vs. Non-Exempt).

Date of last revision.

The 4/5ths Rule (Adverse Impact): Used to determine if a hiring practice (like a test) discriminates.

The Math: If the selection rate for a protected group is less than 80% ($4/5$) of the rate for the group with the highest selection rate, the EEOC views it as evidence of discrimination.

Conditional Job Offers: Medical exams are only allowed after a conditional offer is made and must be required for everyone in that job category.

💡 What's Missing? (The Add-In):

The ADA & Reasonable Accommodation: Under Chapter 1, remember that job descriptions help define "reasonable accommodations." If a function is truly "essential," an employer doesn't have to eliminate it, but they must try to help a disabled employee perform it.

The "Ban the Box" Movement: Many states now prohibit asking about criminal history on the initial application.

Section 2: Managing the Employment Relationship

Core Concepts: Consistency is your best defense. If you have a policy, you must follow it perfectly, or it becomes a liability.

Employee Handbooks: These are not contracts. Use prominent disclaimers to maintain "At-Will" status (the right to fire or quit at any time for any legal reason).

Personnel Files: Keep medical records (including COVID-19 records or ADA notes) in a separate, locked cabinet—never in the general personnel file.

Required Postings: You must display federal posters (EEOC, FLSA, FMLA) in a conspicuous place where employees congregate (like a breakroom).

Performance Evaluations: * Be candid. "Sugar-coating" a bad employee’s review makes it nearly impossible to fire them for performance later.

Use objective criteria, not "vibes" or "attitudes."

Section 3: Termination & Exit Procedures

Core Concepts: The goal of a termination meeting is to be professional, brief, and to secure company property.

The "At-Will" Check: Before firing, ask: Is there a contract? Is this retaliation for whistleblowing? Is the employee in a protected class (Age 40+, Race, Religion, etc.)?

Immediate Pay States: While most states allow payment on the next scheduled payday, states like California (noted in your search as Missouri/Montana/Mass) are famous for requiring immediate payment upon involuntary termination.

💡 What's Missing? (The Add-In):

The OWBPA (Older Workers Benefit Protection Act): If you are asking an employee over 40 to sign a "release of claims" in exchange for severance, you must give them 21 days to consider the offer (45 days in a layoff) and 7 days to revoke it after signing.

Section 4: Layoffs & The WARN Act

Core Concepts: Layoffs should focus on positions, not the individuals sitting in them, to avoid claims of age or disability discrimination.

The WARN Act: Requires 60 days' notice for plant closings or mass layoffs.

Federal Threshold: Generally applies to employers with 100+ full-time employees.

"Mini-WARN" States: New York, New Jersey, and Maine have stricter versions (sometimes requiring 90 days or applying to smaller companies).

Constructive Discharge: If an employer makes working conditions so "intolerable" that a reasonable person is forced to quit, the law treats it as a firing, not a resignation.

🛠 Quick Reference Table: Documentation

ItemWhere to Keep It?Why?

I-9 FormSeparate Folder/BinderTo make government audits faster and cleaner.

Medical/ADA NotesSeparate Medical FileHIPAA and ADA confidentiality requirements.

W-4 / PayrollPayroll FileTax and FLSA compliance.

Performance ReviewsPersonnel FileEvidence for "just cause" in termination.

⚖️ Final Study Tip

When the SHRM guide mentions Negligent Hiring, it usually pairs it with Negligent Retention.

Negligent Hiring: You didn't check their background before they started.

Negligent Retention: You kept them on staff after you found out they were dangerous or incompetent, and then they hurt someone.

SHRM Study Guide: Chapters 1–4

Section 1: Recruitment & The Hiring Process

Core Concepts: Job descriptions are the legal "DNA" of a position. They must be created before advertising to ensure the selection process is objective.

The 8 Essential Job Description Items:

Essential functions (ADA compliance).

Marginal/Less critical functions.

Special skills/Equipment operation.

Education/Certifications.

Reporting structure (who is the boss?).

Supervisory responsibilities (who reports to them?).

FLSA status (Exempt vs. Non-Exempt).

Date of last revision.

The 4/5ths Rule (Adverse Impact): Used to determine if a hiring practice (like a test) discriminates.

The Math: If the selection rate for a protected group is less than 80% ($4/5$) of the rate for the group with the highest selection rate, the EEOC views it as evidence of discrimination.

Conditional Job Offers: Medical exams are only allowed after a conditional offer is made and must be required for everyone in that job category.

💡 What's Missing? (The Add-In):

The ADA & Reasonable Accommodation: Under Chapter 1, remember that job descriptions help define "reasonable accommodations." If a function is truly "essential," an employer doesn't have to eliminate it, but they must try to help a disabled employee perform it.

The "Ban the Box" Movement: Many states now prohibit asking about criminal history on the initial application.

Section 2: Managing the Employment Relationship

Core Concepts: Consistency is your best defense. If you have a policy, you must follow it perfectly, or it becomes a liability.

Employee Handbooks: These are not contracts. Use prominent disclaimers to maintain "At-Will" status (the right to fire or quit at any time for any legal reason).

Personnel Files: Keep medical records (including COVID-19 records or ADA notes) in a separate, locked cabinet—never in the general personnel file.

Required Postings: You must display federal posters (EEOC, FLSA, FMLA) in a conspicuous place where employees congregate (like a breakroom).

Performance Evaluations: * Be candid. "Sugar-coating" a bad employee’s review makes it nearly impossible to fire them for performance later.

Use objective criteria, not "vibes" or "attitudes."

Section 3: Termination & Exit Procedures

Core Concepts: The goal of a termination meeting is to be professional, brief, and to secure company property.

The "At-Will" Check: Before firing, ask: Is there a contract? Is this retaliation for whistleblowing? Is the employee in a protected class (Age 40+, Race, Religion, etc.)?

Immediate Pay States: While most states allow payment on the next scheduled payday, states like California (noted in your search as Missouri/Montana/Mass) are famous for requiring immediate payment upon involuntary termination.

💡 What's Missing? (The Add-In):

The OWBPA (Older Workers Benefit Protection Act): If you are asking an employee over 40 to sign a "release of claims" in exchange for severance, you must give them 21 days to consider the offer (45 days in a layoff) and 7 days to revoke it after signing.

Section 4: Layoffs & The WARN Act

Core Concepts: Layoffs should focus on positions, not the individuals sitting in them, to avoid claims of age or disability discrimination.

The WARN Act: Requires 60 days' notice for plant closings or mass layoffs.

Federal Threshold: Generally applies to employers with 100+ full-time employees.

"Mini-WARN" States: New York, New Jersey, and Maine have stricter versions (sometimes requiring 90 days or applying to smaller companies).

🛠 Quick Reference Table: Documentation

Item

Where to Keep It?

Why?

I-9 Form

Separate Folder/Binder

To make government audits faster and cleaner.

Medical/ADA Notes

Separate Medical File

HIPAA and ADA confidentiality requirements.

W-4 / Payroll

Payroll File

Tax and FLSA compliance.

Performance Reviews

Personnel File

Evidence for "just cause" in termination.

⚖️ Final Study Tip

When the SHRM guide mentions Negligent Hiring, it usually pairs it with Negligent Retention.

Negligent Hiring: You didn't check their background before they started.

Negligent Retention: You kept them on staff after you found out they were dangerous or incompetent, and then they hurt someone.

Constructive Discharge: If an employer makes working conditions so "intolerable" that a reasonable person is forced to quit, the law treats it as a firing, not a resignation.