Ohio § 5903.02
Full text of Ohio Ohio Revised Code § 5903.02, with citation guidance and answers to common questions.
§ 5903.02.
(A) As used in this section: (1) “Uniformed services” and “service in the uniformed services” have the same meanings
as in section 124.23 of the Revised Code . (2) “ Organized militia of another state ” means the national guard of any state, territory, or district other than Ohio or
any military or naval force recognized under the laws of a state, district, or territory
other than Ohio. (B) Any person whose absence from a position of employment is necessitated by reason
of service in the uniformed services, in the Ohio organized militia, or in the organized
militia of another state 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.
Frequently Asked Questions About Ohio § 5903.02
What does Ohio Revised Code § 5903.02 cover?
Section 5903.02 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5903.02?
A common citation format is "Ohio Revised Code § 5903.02" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5903.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.