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, Consumer Arbitration, Family Arbitration
- Credit Cards Accepted
- Contingent Fees
- Ohio
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- 6th Circuit
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- English: Spoken, Written
- Partner
- Elfvin, Klingshirn, Royer & Torch, LLC
- - Current
- 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. Are there laws regarding employers changing the retirement date set forth by employee ?
- A: Your sister gets to choose when she wants to retire. If the company ends her employment before that, it is called termination. She would be entitled to unemployment compensation benefits at least until she retired and, if she proved that her age or some other unlawful reason motivated her termination, she could recover other losses that she suffered as a result.
- Q. My question is about worker's compensation.
- A: You are entitled to your last two paychecks. Although it is not entirely clear that an agreement to waive workers compensation claims is enforceable, that is what your employer entered into. Specifically, your employer agreed to pay for (some) wages and medical costs if you did not file a workers compensation claim. You both performed the agreement. Your employer cannot later unilaterally change an agreement to pay for the costs of your injury into a loan. Your main problem is that your employer possesses your pay check and possession is 9/10ths of the law. However, an Ohio law, ORC 4113.15, http://codes.ohio.gov/orc/4113.15, can help. It adds $200 to the amount of unpaid wages that you can recover. Ohio also allows you to pursue this claim in small claims court, which is part of your municipal court.
- Q. Can my employer say I resigned due to a change in my availability?
- 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.
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