Ohio § 5903.02

§ 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.