Michael Scalzo

Contact

Member
Toledo
Four Seagate
Eighth Floor
Toledo, Ohio 43604

Overview

Mike Scalzo is a member of the firm’s Litigation and Labor & Employment groups and focuses on advising and defending employers in employment matters. 

In his practice, Mike represents employers in all aspects of employment disputes, including workers’ compensation and unemployment compensation. Mike has defended discrimination, wrongful discharge and non-compete cases, among others, in all courts, including federal, state and courts of appeals. He has also represented employers in workers’ compensation matters before the Industrial Commission of Ohio and in all levels of Ohio courts. 

Mike enjoys assisting employers in resolving disputes and in building long-term relationships. He considers himself fortunate to have had the opportunity to represent numerous employers over the years in many significant matters.  

Representative Matters

Sixth Circuit U.S. Court of Appeal:

  • Mitchell v. The Toledo Hospital, 964 F.2d 577 (6th Cir. 1992) (Often cited for the proposition that in making a comparison of a discrimination plaintiff’s treatment to that of non-minority employees, plaintiff must show that the “comparables” are similarly situated in all respects.)
  • Grant v. General Motors Corp., 908 F.2d 1303 (6th Cir.1990) (Fetal protection policy and BFOQ.)
  • McMahon v. Libbey-Owens-Ford Co., 879 F.2d 1073 (6th Cir. 1989) (Age discrimination)

U.S. District Court:

  • Ziegler v. Findlay Industries, Inc., 464 F. Supp. 2d 733 (N.D. Ohio 2006) (Wrongful discharge, implied contract and fraud)
  • Ziegler v. Findlay Industries, Inc., 380 F. Supp. 2d 909 (N.D. Ohio 2005) (Employment contract and conspiracy)
  • Rocha v. Sauder Woodworking Co., 221 F. Supp. 2d 818 (N.D. Ohio 2000) (FMLA)

Ohio Supreme Court:

  • State ex rel. The Andersons v. Indus. Comm. (1991), 64 Ohio St.3d 539 (Wage loss)
  • State ex rel. Libbey-Owens-Ford Co. v. Indus. Comm. (1991), 62 Ohio St.3d 68 (Permanent total disability)
  • State ex rel. Pilkington North America, Inc. v. Indus. Comm., 118 Ohio St.3d 161, 2008-Ohio-1506 (Last-injurious-exposure.)

Ohio Court of Appeals:

  • Augustiniak v. The Toledo Hospital, 2002-Ohio-2628 (6th Dist.) (Race discrimination and FMLA.)
  • Taylor v. Mitsubishi Caterpillar Forklift America, Inc., 141 Ohio App.3d 685 (6th Dist.) (Intentional tort)
  • Sindel v. Midwest Stamping and Mfg. Co., 1998 WL 603606 (6th Dist.) (Intentional tort)
  • Adams v. Pre Finish Metal, Inc., 1997 WL 256662 (6th Dist.) (Termination for failing drug test)
  • Sybert v. Anderson’s Mgt. Corp., 1996 WL 476005 (6th Dist.) (Additional condition)
  • Fletcher v. Northwest Mechanical Contractors, Inc., 75 Ohio App.3d 466 (6th Dist. 1991) (Semi-fixed job site)
  • Underwood v. Midwest Stamping & Manufacturing, et al., 1998 WL 472322, (6th Dist. 1998). (Arising out of employment)
  • Christine Hai v. Flower Hospital, 2008-Ohio-5295 (6th Dist.) (Wrongful discharge)
  • State ex rel. Gary Rockey v. Sauder Woodworking Co., 10th Dist., No. 09AP-888 (Voluntary abandonment)
  • State ex rel. Roy Terry v. The Andersons, Inc., 10th Dist., No. 13AP-652 (Permanent total disability) 
  • Power v. Bay Park Comm. Hosp., 6th Dist., No. L-14-1133. (Course and scope of employment; premises liability)

services

Litigation

education

J.D., 1979, University of Toledo
B.S.I.E., 1975, cum laude, University of Toledo

admissions

Ohio
Michigan
United States District Court, Northern District of Ohio
United States Court of Appeals, Sixth Circuit
United States Supreme Court