Little info and I'll let someone else expand on the "right to work state" parameters. If the guy did not purposefully break the rules or have blatent insobordination than he may very well have been given benefits. For example, if her were given an employee handbook that he signed and acknowledged he recieved but nothing was mentioned about reporting to work under the influence of drugs or alcohol then he has a case. That's why most companies have handbooks that are as thick as 3' binders. Sad. I know. In college some students got away with cheating because the professor never said, "You can not use outside resources or materials."