Neil Klingshirn

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
• Business Law
• Arbitration & Mediation

• Credit Cards Accepted
• Contingent Fees

Ohio

6th Circuit

Partner

Elfvin, Klingshirn, Royer & Torch, LLC

2016 - Current

Partner

Fortney & Klingshirn

1993 - 2016

Associate

Millisor & Nobil (nka Fisher & Phillips)

1988 - 1993

Associate

Squire, Sanders & Dempsey LLP

1986 - 1988

The Ohio State University Michael E. Moritz College of Law

J.D. | Law

1983 - 1986

Honors: Order of the Coif

Activities: Law Journal Article Editor Student Funded Fellowship Founder and Trustee

Kent State University

B.B.A. | Accounting

1979 - 1983

Super Lawyer

Super Lawyers

2019

2005 - 2019

AV Preeminent

Martindale-Hubbel

2018

Peer Rated for Highest Level of Professional Excellence

Superb 10

Avvo

2018

Ohio State Bar

Member

Current

National Employment Lawyer's Association

Member

Current

Ohio Employment Lawyer's Association

Board Member

Current

Protecting Ohio's Employees

Founder and Board Member

Current

Lorain Sailing & Yacht Club

Member

Current

Representing Clients with Serious Mental Health Conditions

Cleveland Employment Lawyers' Association

December, 2014

Current Issues under the FMLA

Ohio State Bar Association - Midwest Labor Law Conference

October, 2013

Employer Liability for Breaches of Employee Confidential Information

Ohio State Bar Association - Midwest Labor Law Conference

October, 2013

Taking Leave of FMLA Confusion - Tackling the Tough FMLA Issues

Ohio State Bar Association - Midwest Labor Law Conference

October, 2013

Non-competition Agreements - Summary of Law

Cleveland Employment Lawyers' Association

December, 2012

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

October 14, 2014

OSBA

Basics of Employment Law - Age Discrimination , Ohio State Bar Association - Continuing Legal Education , Columbus, Ohio

April 7, 2014

OSBA

Certified Specialist - Labor & Employment Law

Ohio State Bar Association

Q. Can my employer say I resigned due to a change in my availability?

22 May 2020

A: The real question is whether your employer had an obligation to continue your employment for Saturdays only and, if not and she decides to employ someone else, whether you have any rights as a result of her ending of the employment. If you are an employee at will, which you probably are, your employer can end your employment at any time, and so can you. That also means that your employer can change the terms of your employment anytime it wants and you can change the terms that you are willing to work. If one party or the other to an agreement decides to change at-will terms, the other side can decide whether they too wants continue working under the changed conditions. In your case, you proposed changing your schedule to one day a week. Your employer said no. Therefore, you did not have a new employment agreement. Instead, your employer proposed keeping the terms the same, but you could not agree due to your commitment to your niece. Because you and your employer could not agree on employment terms going forward, your employment ended. Coming back to whether this was a resignation or termination question, legally speaking the issue is which party decided not to continue with the arrangement the way it was. In this case it was you, since your circumstances changed. Therefore, your employer did not have an obligation to continue your employment as you proposed. It is not entirely clear whether you are eligible for unemployment compensation benefits, but I believe for the same reason that your decision not to return to the old schedule may disqualify you from benefits. Nonetheless, apply to find out for sure.

Q. I am a part-time OT working in a SNF in Ohio. I have 6y of exemplary work history with the same company. I am also

6 April 2020

A: Under the new Paid Sick Leave Act and Emergency Paid Family and Medical Leave Act you should be eligible for paid time off to care for your son while his school is closed and no caregiver is available. Your employer can pay for the paid leave with a tax credit. In addition, your employer cannot retaliate against you for taking time off or for asking to be paid for it. If you need legal help obtaining your paid leave or time to care for your son, or if your employer retaliates against you, call me at 330.665.5745 and refer to this question. In the meantime, here is an article about the new law. https://www.ekrtlaw.com/articles/Paid-Coronavirus-Sick-Leave-and-Emergency-FMLA-FAQs.html

Q. Is there an OSHA or PERRP policy that during a pandemic, a Doctor's note is not required for sick time?

30 March 2020

A: No. The Coronavirus Paid Sick Leave Act requires employers to pay for sick leave and it has its own certification rules. Therefore, if you miss work for a coronavirus related reason, the Paid Sick Leave Act might dictate the documentation that you need to provide to get government refundable paid sick leave. However, if the paid sick leave is from an employer's sponsored or paid sick leave plan, then the employer can set the plan requirements and they can include a doctor's note.