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Neil Klingshirn
Representing people and companies in employment and business disputesBadges
Claimed Lawyer ProfileQ&ALII GoldResponsive Law
Summary
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.
Practice Areas
- Employment Law
- Business Law
- Arbitration & Mediation
Fees
- Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
- Ohio
- 6th Circuit
Languages
- English: Spoken, Written
Professional Experience
- Partner
- Elfvin, Klingshirn, Royer & Torch, LLC
- - Current
- Partner
- Fortney & Klingshirn
- -
- Associate
- Millisor & Nobil (nka Fisher & Phillips)
- -
- Associate
- Squire, Sanders & Dempsey LLP
- -
Education
- The Ohio State University Michael E. Moritz College of Law
- J.D. | Law
- -
- Honors: Order of the Coif
- Activities: Law Journal Article Editor Student Funded Fellowship Founder and Trustee
- Kent State University
- B.B.A. | Accounting
- -
Awards
- Super Lawyer
- Super Lawyers
- 2005 - 2019
- AV Preeminent
- Martindale-Hubbel
- Peer Rated for Highest Level of Professional Excellence
- Superb 10
- Avvo
Professional Associations
- 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
- Community Legal Aid Services, Inc.
- Board Member
- Current
Publications
Articles & Publications
- 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
- You be the Judge - Enforcing Non-Competition Agreements
- Ohio State Bar Association - Midwest Labor Law Conference
- Retaliation claims - They Keep on Giving
- Ohio State Bar Association - Federal Bench Bar Conference
- Statutes of Limitations - The Answers to All of Your Questions
- Ohio Employment Lawyers Association
- Resolving Non-competition Disputes Before the Breach
- Ohio State Bar Association - Midwest Labor Law Conference
- Unlock Non-compete Agreements - Keys to Escape
- Unlock Non-compete Agreements
- Federal Law Update
- Ohio Employment Lawyers Association
- The Case for the Arbitration Fairness Act
- Ohio State Bar Association - Annual Convention
Speaking Engagements
- 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
Certifications
- Certified Specialist - Labor & Employment Law
- Ohio State Bar Association
Websites & Blogs
- Appellate Court Provides Alternative Cause of Action for Procedurally Barred ADA Claims
18 January 2019 - Whatever Happened to that $42,000,000 Employment Jury Verdict against Nationwide?
26 December 2018 - Cuyahoga County Prohibits Discrimination based on Sexual Orientation and Gender Identity and Expands Protections against Discrimination to Independent Contractors
27 November 2018 - Sixth Circuit Reverses Summary Judgment for ERISA ยง 503 Interference Claim
26 June 2018 - Are LGBTQ Employees in Ohio Protected from Workplace Discrimination?
14 April 2017 - Sixth Circuit Affirms Public Employee's Petition Not Protected under the First Amendment
10 January 2017 - Can Employers Legally Influence the Political Leanings of Their Employees?
4 November 2016 - Why All Employees Should Keep Track of Hours Worked
1 November 2016 - How to Escape the Consequences of an Inaccurate Job Description
31 October 2016
Legal Answers
3 Questions Answered
- Q. Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak
- A: First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend. In addition, you should agree now on how to exit the business when the time comes and build the exit plan into the Operating Agreement. Unlike a marriage, most businesses do not lasts until your deaths. You will almost certainly want to part company before that. However, also unlike marriage, there is no divorce code for businesses, so you should address how to split up at the time of your formation. Finally, make sure you understand the consequences of your respective ownership shares and are willing to accept it. Unless you are 50/50 owners, which presents its own challenges, one of you will be the minority owner. My stock advice to clients is to avoid minority ownership. There are better alternatives.
- Q. Can a company keep your vested amounts in a nonqualified deferred compensation plan after seperation?
- A: Anybody can do anything they want, but there may be consequences. The better question is whether you can recover your vested deferred compensation if your employer wants to keep it for itself. If the deferred compensation program is covered by ERISA, you have a remedy under Section 510 of ERISA. That remedy lets you file suit in federal court and recover your attorneys' fees if you prevail. If the plan is not covered by ERISA, then state contract laws probably give you a remedy. You will have to prove that the deferred compensation plan was a contract between you and your employer, that the Plan says you are entitled to the amounts that vested, and that the employer kept those amounts. You would pursue this remedy in state court. The problem with pursuing a remedy is that it is expensive to do so. If the vested, deferred compensation is $10,000 but it would cost you $15,000 to recover it, the costs are too high to pursue the remedy. This is a modern example of the old saying, "possession is nine tenths of the law."
- Q. Should i Bring a sexual Discrimination lawsuit against my employer?
- A: Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages. Here, your claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of the other witnesses. It will help if someone else can verify that your manager made that statement. The more difficult part of your claim is damages. Once you prove that the company blocked your advancement because of your sex, you then have to prove that you lost something because of it, like higher wages or more hours from the promotion. Ohio and federal law also allow courts to compensate you for your non-pay losses, like the humiliation, frustration and upset that this discrimination caused. However, it is hard to put a price tag on that. Finally, you need to factor in the cost to pursue a claim. If you hire a lawyer, expect the lawyer to spend $50,000 or more in lawyer time to get your case to a jury. In addition, your case will have $5,000 to $10,000 in deposition and other costs. You could avoid those costs by filing with the EEOC or the Ohio counterpart, the Ohio Civil Rights Commission, but you get what you pay for. The EEOC is currently closed due to the shutdown, and even when open it does not often advance the cases filed with it beyond issuing a right to sue.
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