Neil Klingshirn

Neil Klingshirn

Representing people and companies in employment and business disputes
  • Employment Law, Business Law, Arbitration & Mediation
  • Ohio
Review This Lawyer
Client Reviews
S. D. April 11, 2023
Highly recommended I was given extremely good legal advice in my case, even when the prospects were not good. Neil is extremely knowledgeable about employment law, and I have very much appreciated both the personal attention, as well as the professional input I have g otten.
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Biography

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
    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
Fees
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Ohio
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6th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Partner
Employment Law Partners, LLC
- Current
Partner
Fortney & Klingshirn
-
Associate
Millisor & Nobil (nka Fisher & Phillips)
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Associate
Squire, Sanders & Dempsey LLP
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Education
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
The Ohio State University Michael E. Moritz College of Law Logo
Kent State University
B.B.A. | Accounting
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Kent State University Logo
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
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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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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
Website
Blog
Legal Answers
17 Questions Answered
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.
... Read More
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.
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Contact & Map
Independence
4700 Rockside Rd.
Suite 530
Independence, OH 44131
Telephone: (216) 382-2500
Akron
3560 West Market Street
Suite 305-C
Akron, OH 44333
Telephone: (330) 665-5745
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