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Ohio Military Law Questions & Answers
1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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1 Answer | Asked in Employment Law, Health Care Law and Military Law for Ohio on
Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?

I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave.

Now I am being told that I had... View More

James L. Arrasmith
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answered on Dec 11, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows... View More

1 Answer | Asked in Military Law for Ohio on
Q: I enlisted in the army in July 2003 and received a medical discharge I never got any of my sign on bonus Shouldn’

It was for 30,000.0” and I signed a eight year enlistment contract with full intention of completing

I didn’t plan on having a seizure

I never received a dime

James L. Arrasmith
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answered on Nov 29, 2023

In cases like yours, where a medical discharge occurs before the fulfillment of the enlistment contract, eligibility for the enlistment bonus can be complicated. Typically, enlistment bonuses are paid out for completion of certain terms of service, and a medical discharge might affect this.... View More

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... View More

Elizabeth Fowler Lunn
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answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... View More

2 Answers | Asked in Estate Planning, Military Law and Probate for Ohio on
Q: How are heirs determined for a deceased person who passed without a will?

My father recently passed away. On paper, I am his only child. He and my mother were married when I was born and he is listed on my birth certificate. When I was in 5/6, he was dating a woman who was separated from her husband. This woman became pregnant and had a son that she claimed was my... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 26, 2020

You will need to speak to an experienced probate attorney licensed in the state where the decedent lived. Probate law differs from state to state and you are requesting information on a very specific set of facts pertaining to an individual’s right lay claim to the estate. Only someone familiar... View More

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1 Answer | Asked in Criminal Law and Military Law for Ohio on
Q: so I just turned 18, but my girlfriend is 16 still . her parents dont know about us. can I get in legal trouble?

her parents are homophobic, we've been dating for 3 months and arent doing anything contact wise. can I get in trouble legally if her parents find out?

Breezy M Warner
Breezy M Warner
answered on Mar 25, 2020

The age of consent in Ohio is 16 years of age.

1 Answer | Asked in Civil Rights and Military Law for Ohio on
Q: Do the statue of limitations apply for wrongful demotion E4 to E1 while on bedrest for pregnancy and dr’s notes proof?

I was in the National Guard 2008-2011, during 2010 I was pregnant with my first child, and put on bedrest, first sgt was real difficult about it and would harass me. 2011 I unexpectedly got pregnant again and was on bed rest. I sent in my doctors notes and received nothing after, until after her... View More

Matthew Williams
Matthew Williams
answered on Sep 24, 2019

If the statute of limitations has passed, your chances are poor to none. You should sit down with a lawyer and go through it. But the SOLs are pretty serious and there are few ways around them.

1 Answer | Asked in Family Law and Military Law for Ohio on
Q: If I joined the military at 17, am I emancipated in the state of Ohio?
Joseph Jaap
Joseph Jaap
answered on Dec 3, 2018

Not necessarily. See this link for information.

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

1 Answer | Asked in Contracts and Military Law for Ohio on
Q: Separated early to join reserves, never got orders for reserve unit, been a 5 years, can I still get my DD214?

I have separation papers that say Honorable. and that I was issued a DD214, but never actually got one.

Joseph Jaap
Joseph Jaap
answered on Aug 18, 2017

Talk to the VA to try to find help. Check their web site.

1 Answer | Asked in Constitutional Law and Military Law for Ohio on
Q: Does the SCOTUS have jurisdiction over the military courts? Could SCOTUS move sexual assault cases into civil court?

Could the Supreme Court of the United States decide that Military Sexual assault cases are to be held in civil court?

Matthew Williams
Matthew Williams
answered on Jul 5, 2016

That's a rather complex question as jurisdiction would depend upon how the case arrived in the Supreme Court and what constitutional issues are implicated. The short answer, however, is that SCOTUS will not decide sexual assault cases are to be decided in civil court.

1 Answer | Asked in Juvenile Law and Military Law for Ohio on
Q: Looking for information

If you are 17 years old and turn 18 in a month and is enlisted into the United States Army active-duty or you consider automatically emancipated in the state of Ohio

Matthew Williams
Matthew Williams
answered on Jun 3, 2016

No. The only automatic emancipation in Ohio is turning 18.

1 Answer | Asked in Military Law for Ohio on
Q: Can former members of the Armed Forces who were discharged for "homosexual acts" before the ban was lifted seek redress?
Matthew Williams
Matthew Williams
answered on Jul 14, 2015

That's a fascinating question. You could certainly file a suit. Whether you would win is an open question as I don't believe anyone has yet sued the military. Set up a consultation with a civil rights attorney and see what he or she thinks of the idea.

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