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.

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
Professional Experience
Partner
Employment Law Partners, 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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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
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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Jurisdictions Admitted to Practice
Ohio
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6th Circuit
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Fees
  • Credit Cards Accepted
  • Contingent Fees
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
Languages
  • English: Spoken, Written
Legal Answers
Q. Can I sue an attorney I worked for that blatantly sexually harassed me on a daily basis? It was in 2019-2020.
A: The statute of limitations in Ohio for sexual harassment that occurred before April of 2021 is six years, so you can still pursue a claim. The statute of limitations under federal law (Title VII of the 1964 Civil Rights Act) is 300 days.
Q. I was laid off from my job and will receive 4 weeks severance pay. I live in Ohio. When should I file for unemployment?
A: Apply when your severance runs out, unless the severance agreement states that your severance pay is allocated to the last day that you worked, in which case file when you are laid off.
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.
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Websites & Blogs
Website
Blog
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