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Is It Wrongful Termination to Fire an Employee for Attending a Rehabilitation Program for Drug or Alcohol Addiction?

Written By: Mo Eldessouky Updated On: August 29, 2024 | Read Time: 1 Minute


In California, it is illegal to terminate an employee solely for attending a rehabilitation program for drug or alcohol addiction. Both federal and state laws, including the Americans with Disabilities Act (ADA), the California Fair Employment and Housing Act (FEHA), and California Labor Code Section 1025-1028, protect employees seeking treatment for substance abuse. These laws require employers to provide reasonable accommodations, such as allowing time off for rehabilitation, flexible scheduling, or job reassignment, unless doing so would impose an undue hardship on the employer. If an employee believes they were wrongfully terminated for attending rehabilitation, they should document all relevant interactions, file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), and seek legal advice. Remedies for wrongful termination may include reinstatement, back pay, damages, and attorney’s fees. For assistance, contact Eldessouky Law to protect your rights.

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