5903.02 Reinstatement and reemployment rights.
5903.02 Reinstatement and reemployment rights.
(A) As used in this section, “uniformed services” and “service in the uniformed services” have the same meanings as in the “Uniformed Services Employment and Reemployment Rights Act of 1994,” 108 Stat. 3149, 38 U.S.C.A. 4303.
(B) Any person whose absence from a position of employment is necessitated by reason of service in the uniformed services or in the Ohio organized militia has the same reinstatement and reemployment rights in this state that a person has under the “Uniformed Services Employment and Reemployment Rights Act of 1994.” A person who is denied a reinstatement or reemployment right pursuant to this section has a cause of action for the same remedies as a person has under the “Uniformed Services Employment and Reemployment Rights Act of 1994.” The court of common pleas, notwithstanding any sum limitation established by decision of a board of county commissioners pursuant to section 2305.01 of the Revised Code, shall have exclusive original jurisdiction for such actions, unless the defendant is the state, in which case the court of claims shall have exclusive original jurisdiction pursuant to division (C) of this section.
(C) A person who seeks reinstatement or reemployment rights with the state, pursuant to this section, may bring an action in the court of claims pursuant to this section or section 4323 of the “Uniformed Services Employment and Reemployment Rights Act of 1994.”
(D) In any action or proceeding to enforce a provision of this section, the court shall require the defendant to pay the court costs if the plaintiff is the prevailing party in the action or proceeding. If the plaintiff is not the prevailing party, the court may use its discretion in allocating court costs among the parties to the action.
(E) In any action or proceeding to enforce a provision of this section the court may award to a plaintiff who prevails in such action or proceeding reasonable attorney’s fees, expert witness fees, and other litigation expenses. If the plaintiff does not receive a favorable judgment from the court in that action, the court shall not require the plaintiff to reimburse the state or the defendant for attorney’s fees.
(F) The director of administrative services shall adopt rules in accordance with Chapter 119. of the Revised Code for the implementation of this chapter with respect to persons in public service.
(G) A person is not entitled to a remedy in a state action under division (B) or (C) of this section if the person has received a remedy based on the same facts under the “Uniformed Services Employment and Reemployment Rights Act of 1994.” If a person has received a remedy in a state action under division (B) or (C) of this section and then receives a remedy based on the same facts under the “Uniformed Services Employment and Reemployment Rights Act of 1994,” the person shall reimburse the judgment debtor the value of the federal remedy or the state remedy whichever is less.
Effective Date: 09-18-1997; 2008 SB289 08-22-2008; 2008 SB248 04-07-2009