Neil Klingshirn
Representing people and companies in employment and business disputes
Neil is an AV rated Super Lawyer and Board Certified Employment law Specialist. He is a passionate, resourceful and tireless advocate who has represented individuals and companies in employment and business disputes for over 30 years.
Neil began his legal practice at Squire, Sanders & Dempsey in Cleveland in 1986. He practiced employment law with his own firm from 1993 until 2016, when he joined Elfvin, Klingshirn, Royer & Torch, LLC.
Neil's knowledge and experience work for his clients. "I grew up on a Lake Erie winery. There I learned hard work and the values I use today. I worked ever since in Northeast Ohio, representing people and companies. I know how to avoid legal trouble and, if legal trouble finds my clients before they find me, how to resolve it for them."
Neil is an experienced litigator, licensed to practice in all Ohio state and federal courts. He discusses litigation with his clients as an investment of their legal fees, with strategies designed to deliver positive returns. Happily, Neil has not had to appeal an adverse decision on behalf of a client for many years, but he keeps his appellate skills polished by writing amicus briefs in the Ohio Supreme Court in cases that affect Ohio employees. Neil does so on behalf of the Ohio Employment Lawyers Association, where he is a Board Member.
- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
- Credit Cards Accepted
- Contingent Fees
- Ohio
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- 6th Circuit
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- English: Spoken, Written
- Partner
- Employment Law Partners, LLC
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- Partner
- Fortney & Klingshirn
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- Associate
- Millisor & Nobil (nka Fisher & Phillips)
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- Associate
- Squire, Sanders & Dempsey LLP
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- The Ohio State University Michael E. Moritz College of Law
- J.D. | Law
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- Honors: Order of the Coif
- Activities: Law Journal Article Editor Student Funded Fellowship Founder and Trustee
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- Kent State University
- B.B.A. | Accounting
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- Super Lawyer
- Super Lawyers
- 2005 - 2019
- AV Preeminent
- Martindale-Hubbel
- Peer Rated for Highest Level of Professional Excellence
- Superb 10
- Avvo
- Ohio State Bar
- Member
- Current
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- National Employment Lawyer's Association
- Member
- Current
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- Ohio Employment Lawyer's Association
- Board Member
- Current
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- Protecting Ohio's Employees
- Founder and Board Member
- Current
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- Lorain Sailing & Yacht Club
- Member
- Current
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- Community Legal Aid Services, Inc.
- Board Member
- Current
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- Representing Clients with Serious Mental Health Conditions
- Cleveland Employment Lawyers' Association
- Current Issues under the FMLA
- Ohio State Bar Association - Midwest Labor Law Conference
- Employer Liability for Breaches of Employee Confidential Information
- Ohio State Bar Association - Midwest Labor Law Conference
- Taking Leave of FMLA Confusion - Tackling the Tough FMLA Issues
- Ohio State Bar Association - Midwest Labor Law Conference
- Non-competition Agreements - Summary of Law
- Cleveland Employment Lawyers' Association
- Non-competition Litigation - A Chess Match in 3D, Midwest Labor Law Conference, Columbus, Ohio
- OSBA
- Non-competition Litigation - A Chess Match in 3D, Midwest Labor Law Conference, Columbus, Ohio
- OSBA
- Basics of Employment Law - Age Discrimination, Ohio State Bar Association - Continuing Legal Education, Columbus, Ohio
- OSBA
- Certified Specialist - Labor & Employment Law
- Ohio State Bar Association
- Q. I live in Ohio and my employer is denying me time off to show up to a subpoena to be a witness. Is this legal?
- A: You have an obligation to respond to a subpoena, just like you have an obligation to serve as a juror when called. If your employer terminates your employment because you respond to the subpoena, you will probably have a claim for wrongful discharge. That said, being fired with a claim for wrongful discharge is not nearly as good as remaining employed. To avoid termination or discipline, I suggest that you contact the attorney who issued the subpoena, tell them you have an irreconcilable conflict, and ask to schedule the hearing or deposition to a time that does not conflict with your employment. If denied, tell your employer that you have an obligation to appear and could face sanctions if you don't. If that doesn't persuade the employer, then consult your own attorney. You can seek a protective order from the court that issued the subpoena, but that will involve legal fees. My bet is that the attorney who issued the subpoena will work with you.
- Q. My job has security cameras. Can my employer secretly place a cellphone in a room to record what you do?
- A: Federal law prohibits audio recording of conversations unless at least one party to the conversation consents to the recording. 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited. Therefore, if your employer is recording your conversation while not a part of it, it may be afoul of this law. This prohibition is against audio only, probably because video surveillance was not a thing when it was enacted. That explains why security cameras can record video without breaking this law.
- Q. Must I have a 'Business Account' at a bank for my Single-Owner-LLC...or could I set-up a separate 'Personal Account'?
- A: There is no law requiring you to establish separate business and personal accounts for your business and personal finances. Nonetheless, you should do so for the reason you cite, to avoid co-mingling. You should also obtain or dedicate a single credit/debit card for business purchases. Finally, set up an accounting program for your business that lets you link your bank account and credit card to the accounting program. Quickbooks online is the dominant program. A free accounting program that I like is Waveapps.com. That way, the bulk of your accounting work is done for you.
