Is it legal to be fired for alcoholism to ask your boss for an LOA to enter rehab?
My brother asked his employer for a leave of absence, so that he could go to for alcoholism (forgotten rehab that his employer allegedly has an open door policy and programs for their employees with problems reprocussions without help), his boss responded by firing him. In pretty sure this is a violation of his rights ADA, but would like to know exactly what laws are passed broken, and seek the best way to deal with this situation, when my brother can not afford legal.
I'm pretty sure that in violation the Family Medical Leave of Absence laws. It would depend on exactly what your brother was allegedly fired. In an at-will state (most states), employment is at will, and you can always be dismissed by almost any reason. However, you can not lose your job as you for requesting FMLA guarantees 12 weeks per Year and your employer has to ensure your job will be waiting when you return. The special features will determine whether it was or not treated, legally, but that sounds like a blatant violation of FMLA. Usually lawyers give a free initial consultation and may his case on a pay-when-we-win basis (Do not do it for more than 30%!) He would have the advantage that the take consult in advance (make sure, if he makes the apt. That it is free). He could also simply strong arm them with the threat to an FMLA case. Often when you're just a little push, they will not risk disturbing or not dealing with it.
