Jon E. Klinghoffer

Jon Klinghoffer is a Principal in the firm’s Labor & Employment and Litigation groups. He defends employers in jurisdictions across the country in actions involving Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, various state law discrimination and wage and hour claims, the WARN Act, ERISA class action claims, COBRA claims, unfair labor practice charges and other matters before the National Labor Relations Board. He also has extensive experience in the statistical analysis necessary to ensure compliance with the affirmative action requirements contained in Executive Order 11246 and with other OFCCP matters.

In addition to his litigation experience, Mr. Klinghoffer regularly counsels clients regarding their employment practices and policies. This includes drafting and reviewing employers’ handbooks and policy manuals in an effort to help clients avoid the numerous pitfalls contained in various employment laws and regulations. In the labor/management setting, Mr. Klinghoffer has counseled multiple clients through organizational campaigns, obtained injunctive relief on behalf of employers to halt illegal picketing, negotiated contracts, and prosecuted and defended multiple unfair labor practices claims.

Mr. Klinghoffer's recent employment-related trial experience includes acting as a co-first chair in a six-day employment arbitration on behalf of a major Chicago newspaper against its union regarding the alleged wrongful termination of three union members, which included a race discrimination claim. All three terminations were upheld in their entirety. He also second-chaired a three-day FINRA arbitration on behalf of a national bank in an employment dispute against a former employee and a public company accused of stealing trade secrets, violating non-solicitation agreement and tortiously interfering with client relationships. An arbitration award was entered on liability and subsequently Mr. Klinghoffer's client successfully mediated the damage claim.

In the labor/management arena, Mr. Klinghoffer co-first chaired, along with the Regional Director of the National Labor Relations Board, a one-day permanent injunction hearing in the Northern District of Indiana against the International Union of Operating Engineers to stop illegal secondary picketing. The federal court entered an order permanently enjoining the illegal picketing. Additionally, Mr. Klinghoffer co-first chaired a one-day hearing regarding the determination of an appropriate bargaining unit before a National Labor Relations Board Administrative Law Judge in Indianapolis on behalf of an Indiana-based heavy equipment supplier. The judge accepted Mr. Klinghoffer's client's assertions regarding the appropriate bargaining unit.

Since 2014, Mr. Klinghoffer has been recognized annually by Best Lawyers in America in the areas of Employment Law/Management, Labor Law/Management and Trade Secrets Law. In 2021 and 2022, he was recognized as a Leading Lawyer in Employment Law by Illinois Leading Lawyers. He has also been named an Illinois Super Lawyer every year since 2013, an award earned by just 5 percent of attorneys in the state. He is a member of the Chicago Bar Association and the American Bar Association.

Publications and Presentations
Mr. Klinghoffer is a prolific speaker on employment law matters and has presented at numerous seminars on topics such as the Americans with Disabilities Act, the Family and Medical Leave Act, COBRA, Arbitration Agreements, the Fair Labor and Standards Act, sexual harassment, and executive compensation agreements, among others. Notably, Mr. Klinghoffer has spoken alongside the Treasurer of the Illinois AFL-CIO to the Labor and Employment Relations Association on the Illinois Employee Classification Act, the amendments to the Illinois Right to Privacy in the Workforce Act, and the Illinois Human Rights Act. He also recently presented:

• "The Worker Adjustment and Retraining Notification (WARN) Act," a Goldberg Kohn webinar, July 16, 2020.
• "Illinois Charter School Challenges & Changes," a Goldberg Kohn conference, March 11, 2020.
• "Proper Pleadings: Complaints, Answers, Affirmative Defenses, and Responsive Motions," an Illinois State Bar Association CLE program, Jan. 16, 2018.
• "Recent Changes to the Fair Labor Standards Act," a National Alliance for Public Charter Schools conference, Sept. 22, 2016.
• "Department of Labor’s Final Rule on Overtime Regulations," a webinar with the National Alliance for Public Charter Schools, July 14, 2016.
• "Outsourcing; Leased Employees, Independent Contractors, Owner-Operators, and the Impact of the Illinois Classification Act," a Chicago-Kent College of Law CLE Conference.
• "Reducing Exposure to Fair Labor Standards Act and State Wage-and-Hour Collective/Class Actions," a North Shore General Counsel Association seminar.

His published articles include:

• "Larger Employers Must Provide Compensation Data to the EEOC," a Goldberg Kohn Alert, Aug. 14, 2019.
• "J.B. Pritzker Signs Marijuana Legalization Bill into Law: Now Illinois Employers Must 'Weed' Through Potential Employment Issues," a Goldberg Kohn Alert, June 25, 2019.
• "Illinois Law To Mandate Timely Expense Reimbursements," a Goldberg Kohn Alert, Dec. 20, 2018.

Mr. Klinghoffer joined Goldberg Kohn in December 2002. He is a Member of the firm's Recruiting and Professional Responsibility committees. He earned his law degree, magna cum laude, from the University of Illinois College of Law in 1999. He holds an MBA in Human Resource Management from DePaul University and a B.S. from Purdue University. Prior to his legal career, Mr. Klinghoffer worked for Joseph T. Ryerson & Son, where he held various management positions over a four-year period.

He is admitted to practice in Illinois and before the U.S. District Court for the Northern and Central Districts of Illinois, the U.S. District Court for the Northern District of Indiana, the U.S. District Court for the Western District of Wisconsin, the U.S. District Court for the Western District of Michigan, and the U.S. Court of Appeals for the Third, Sixth, Seventh and Tenth Circuits. 

Representative Matters

• Stevenson v. Abbott Laboratories (C.D. Cal. 2014 No. 13-cv-579). Obtained summary judgment for defending employer against plaintiff asserting disability discrimination and failure to accommodate under California's Fair Employment and Housing Act, and invasion of privacy.

• Holshouser v. Abbott Laboratories (N.D. Ill. 2014  No. 12-cv-2654). Obtained summary judgment for defending employer against plaintiff asserting age discrimination and violation of ERISA.

• Adams v. Abbott Laboratories (N.D. Ill. 2014 No. 11-cv-6739). Obtained summary judgment for defending employer against plaintiff asserting violation of the Equal Pay Act.

• Franchini v. UChicago Argonne, LLC (N.D. Ill. 2013 No. 12-cv-279). Obtained summary judgment for defending employer against plaintiff asserting national origin discrimination and harassment and retaliation.

• Vazquez v. Navistar International Transportation (N.D. Ind. 2012  No. 09-cv-434). Obtained summary judgment for defending employer against plaintiff asserting violation of the FLSA, the Indiana Wage Payment Act, national origin discrimination and retaliation.

• Lopez-Fisher v. Abbott Laboratories (10th Cir. 2012 No. 10-4185). Successfully argued for the affirmance of summary judgment for defending employer against plaintiff asserting gender, race, color and national origin discrimination.

• Kidd v. Abbott Laboratories (S.D. Ohio 2011 No. 10-cv-157). Obtained summary judgment for defending employer against plaintiff asserting race and age discrimination, retaliation and state law claims.
• Lopez-Fisher v. Abbott Laboratories (D. Utah 2010 No. 09-cv-633). Obtained summary judgment for defending employer against plaintiff asserting gender, race, color and national origin discrimination.
• Manley v. Abbott Laboratories (W.D. Pa. 2010 No. 09-cv-96). Obtained summary judgment for defending employer against plaintiff asserting race and age discrimination.
• Gildenstern v. Abbott Laboratories (N.D. Ill. 2009 No. 08-cv-685). Obtained summary judgment for defending employer against plaintiff asserting race and national origin discrimination.
• Quirin v. Abbott Laboratories (W.D. Mi. 2009 No. 08-cv-011). Obtained summary judgment for defending employer against plaintiff asserting disability discrimination.
• Dooley v. Abbott Laboratories  (N.D. Ill. 2009 No. 07-cv-7249). Obtained summary judgment for defending employer against plaintiff asserting disability and age discrimination.
• Civitas Schools, LLC and Chicago Alliance of Charter Teachers and Staff, et al., (NLRB Case No. 13-RM-1764 2009). Won precedential representational case for charter schools with holding that National Labor Relations Act (which does not require employers to accept "card check" organizing) applied instead of Illinois Educational Labor Relations Act (which allows employees to organize by "card check" without an election).
• Solsberry v. Chicago Sun-Times, Inc. (N.D. Ill. 2005 No. 04 C 3611). Obtained summary judgment for defending employer against race discrimination, harassment and retaliation lawsuit.