Sub. S.B. 289

127th General Assembly

(H. State Government and Elections)

Provides that a 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."

Provides that a person who is denied such a reinstatement or reemployment right has a cause of action for the same remedies as a person has under the "Uniformed Services Employment and Reemployment Rights Act of 1994" and provides that the court of common pleas or, if the defendant is the state, the court of claims has exclusive, original jurisdiction in those actions.

Allows the court to award to a plaintiff who prevails in any action or proceeding to enforce such a reinstatement or reemployment right reasonable attorney's fees, expert witness fees, and other litigation expenses.

Prohibits the court from requiring the plaintiff to reimburse the state for attorney's fees if the plaintiff does not receive a favorable judgment from the court in an action or proceeding.

Requires the court of common pleas to place actions to enforce reinstatement or reemployment rights first in order for trial and, if the court assigns for trial the cases triable to a jury, in a series, in the order in which they stand upon the docket and requires the court to give preference to such actions.

S0289-127.doc/ar 5/21/2008