Charlotte, NC asked in Civil Rights and Military Law for Ohio

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 birth a few months later I was told I was in the irr, I went to muster duty once after to figure out what happened, my paperwork was all messed up, I was demoted, and I was told I wasn’t listed as a us citizen etc, and explained what happened but wasn’t told I could do anything. I re-enlisted into the reserves where a year after(2017)my squad leader asked what happened and said that demotion wasnt allowed and went through jag where they said the statue of limitations applied and they couldnt help but to talk to a military lawyer. I have all my doctors notes and emails from jag and when I was told I could do something about it by my squad leader in reserves, just wondering what my chances are?

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1 Lawyer Answer
Matthew Williams
Matthew Williams
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: 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.

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