Neil Klingshirn

Neil Klingshirn

Representing people and companies in employment and business disputes
  • Employment Law, Business Law, Arbitration & Mediation
  • Ohio
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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, Consumer Arbitration, Family Arbitration
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
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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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
16 Questions Answered
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.
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.
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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