Can I Be Fired Because I Have a Substance Abuse Disorder?

Many California employees face uncertainty and fear when entering treatment or recovery for a substance abuse disorder. A common concern is whether seeking help may jeopardize their job. While California law recognizes that substance abuse disorders are serious medical conditions, the answer to whether you can be fired depends on several key legal protections and limitations.

This article outlines your workplace rights, the obligations of employers, and what steps you should take if you believe you were wrongfully terminated due to your substance abuse disorder.

How California Law Views Substance Abuse Disorders

Under California law, substance abuse disorders can be considered a disability if they impair a major life activity. The California Fair Employment and Housing Act (FEHA) provides protections to individuals with qualifying disabilities, including those related to drug or alcohol addiction, provided they are not currently using illegal drugs.

Employees who are in recovery or participating in a supervised rehabilitation program generally have rights similar to other employees with disabilities. However, active use of illegal drugs or coming to work under the influence may disqualify individuals from protection under both state and federal disability discrimination laws.

Protections for Employees Seeking Treatment

Employees entering treatment or rehabilitation programs are protected by several California laws. These laws aim to ensure that individuals have a genuine opportunity to recover without facing adverse job consequences due solely to their medical condition.

Here are some key rights employees may have when seeking treatment or recovery:

• Right to reasonable accommodations, including time off for treatment, under the FEHA
• Protection from discrimination or termination due to a substance abuse disorder
• Entitlement to medical leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA), if eligibility requirements are met
• Confidentiality regarding medical and treatment records

Keep in mind that these protections typically apply only if you are engaged in treatment and not actively under the influence at work. If you are unsure about your protections, consider consulting with an attorney before disclosing a substance abuse disorder to your employer.

Employer Rights and Limits

While California law safeguards employees with substance abuse disorders, it also recognizes the employer’s right to maintain a safe and productive workplace. Employers have certain legal boundaries they can operate within, including:

• Terminating employees who are under the influence of drugs or alcohol while at work
• Enforcing workplace policies prohibiting substance use during work hours
• Requiring safety-sensitive employees to meet specific sobriety or fitness-for-duty standards
• Denying requested accommodations that would cause an undue hardship

However, employers cannot automatically terminate an employee simply because they have a history of substance abuse or are seeking help. Doing so may violate California’s disability discrimination laws.

Steps to Take If You’re Fired

If you believe you were terminated because of a substance abuse disorder or because you entered a treatment program, take these actions as soon as possible:

• Request a written explanation for your termination
• Collect and preserve all relevant communications (emails, texts, performance reviews)
• Document your diagnosis, treatment, and any notifications given to your employer
• File a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC)
• Speak with an employment attorney experienced in disability discrimination cases

Taking quick and informed action can help protect your rights and strengthen your case if discrimination has occurred.

List of Employee Rights During Treatment

How to Get Legal Help

If you suspect that your employer terminated you because of your substance abuse disorder, or if they refused to accommodate your treatment, you may have a valid legal claim. California employment laws give you the right to pursue damages for wrongful termination, back pay, and emotional distress in certain cases.

The attorneys at Miracle Mile Law Group have extensive experience handling disability discrimination and wrongful termination claims throughout California. We can help you review your options, gather evidence, and pursue justice if your rights were violated.

Contact Miracle Mile Law Group today for a free consultation. We are here to protect your rights and hold employers accountable under California law.