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How to File a Complaint if Your Employer Violates Your Rights During Rehab

How to File a Complaint

So, you’ve made the brave decision to seek treatment for drug or alcohol use. Maybe you’ve entered a rehabilitation program, taken time off through the Medical Leave Act, or worked out a plan with your employer. But instead of support, you’ve faced pushback—or worse, retaliation. Maybe they denied reasonable accommodation, docked your sick leave, or made your job harder after you returned. If that sounds familiar, you’re probably wondering: Can they even do that? And what can I do about it?

Let’s walk through what your employee rights are during rehab—and what to do if your employer crosses the line.

How to File a Complaint

First, Know Your Rights

If you’ve entered a drug rehabilitation program—whether inpatient or outpatient—you’re protected under both federal law and California law. Here are a few key laws that may apply:

  • The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for a serious health condition—which includes substance use disorders.
  • The California Family Rights Act (CFRA) mirrors the FMLA and often offers even stronger protections for California employees.
  • California Labor Code §1025-1028 requires California employers with 25 or more employees to provide reasonable accommodations (like adjusting your schedule or granting unpaid time off) if you voluntarily enter alcohol and drug rehabilitation.
  • The Americans with Disabilities Act (ADA) prohibits discrimination against employees with a history of drug abuse or those in recovery.

That means your employer can’t legally fire you, cut your pay, or deny your return to work just because you went to rehab—unless it would cause an undue hardship to your employer.

What Violations Might Look Like

If you’ve experienced any of the following, your rights may have been violated:

  • Denial of drug rehabilitation leave or other reasonable efforts to accommodate your recovery.
  • Wrongful termination after disclosing your condition or requesting time off.
  • Forced disclosure of your rehab participation, violating your confidentiality agreement.
  • Refusal to allow you to resume your duties after approved leave.
  • Discrimination based on mental health condition, or disabilities related to your addiction history.
  • Retaliation for taking unpaid time, applying for sick leave, or requesting help.

Steps to File a Complaint

Here’s how you can take action if you believe your rights were violated:

1. Document Everything

Keep records of emails, conversations, medical documentation, and anything related to your drug rehabilitation program, leave time, or employer interactions. If you were asked to sign a settlement agreement, review it carefully.

2. Contact HR

Sometimes, violations happen due to a lack of understanding or training. If your company has an HR department, start there. Request to review your employee rights, company alcohol and drug rehabilitation policy, and confidentiality agreement.

3. File with a Government Agency

If the issue isn’t resolved internally, you can file a complaint with:

  • The California Department of Fair Employment and Housing (DFEH) (for California law violations)
  • The U.S. Equal Employment Opportunity Commission (EEOC) (for federal law and discrimination claims)
  • The Department of Labor (for FMLA and wage violations like minimum wage or overtime pay)

Be prepared to provide your name, employer details, dates of incidents, and a telephone number where they can reach you.

4. Speak with an Employment Attorney

Some issues—like wrongful termination, discrimination, or being denied reasonable accommodation—may require legal representation. An employment lawyer can help you understand your options and pursue monetary damages if appropriate.

You Deserve Support—Not Punishment

Going through drug rehabilitation is hard enough without worrying about whether your employer will use it against you. Whether you’re in the middle of the recovery process, returning to work, or considering treatment, remember this: the law is on your side.

At Ocean Ridge Recovery, our premier treatment center in Orange County, CA, we not only help you get well—we advocate for your dignity as an employee and a human being. If you’re struggling with how to navigate work during rehab, we’ll walk alongside you, help you explore your treatment options, and connect you with resources that protect your rights. Reach out today to get the help you need.

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FAQs About Filing a Complaint

How can employers encourage employees to seek treatment without fear?

Employers should encourage employees by maintaining confidentiality, offering clear policies, and providing access to Employee Assistance Programs (EAPs) or rehab-friendly leave policies that support recovery without stigma.

Is my rehab history considered the employer’s proprietary information?

No, your participation in a rehabilitation program is protected health information, not the employer’s proprietary information. It should remain confidential unless you consent to its disclosure.

Do job applicants have any protections if they’re in recovery?

Yes, job applicants cannot be discriminated against based on past substance use or participation in rehab. Employers may not ask about past addiction unless it directly affects the ability to perform the job.

Can an employer deny someone their job back because they can’t perform all of his or her duties after treatment?

If an employee cannot return to his or her duties, employers may be required to provide reasonable accommodations—unless it causes undue hardship. A full medical release or modification of duties may be part of the return-to-work plan.

Are all employers required to follow these rules?

No, only covered employers—typically those with 15 or more employees (or 25+ under certain California laws)—are required to comply with FMLA, ADA, and state rehab accommodation laws.

Do current employees have more protections than new hires?

Current employees who have met eligibility requirements (such as working a certain number of hours) generally have more access to job-protected leave, but new hires are still protected against discrimination under federal and California law.

Can a private employer terminate someone for taking rehab leave?

A private employer cannot legally terminate an eligible employee for taking approved drug rehabilitation leave—especially if the leave is protected by FMLA, CFRA, or the ADA.

What if I signed something related to trade secrets—can that affect my rights?

Signing a trade secrets or confidentiality agreement should not prevent you from taking protected leave or filing a complaint if your rights are violated. However, it’s wise to consult an employment attorney if you’re unsure.

Are employers required to reinstate employees after rehab leave?

In many cases, employers are required to reinstate you to your original position or an equivalent role after approved rehab leave, unless doing so would cause an undue hardship or your role was lawfully eliminated.

Is preventing employees from taking rehab leave legal?

Preventing employees from taking legally protected rehab leave—whether by intimidation, misinformation, or policy violations—is against the law and can be grounds for a formal complaint or lawsuit.

Is substance abuse in the workplace a highly litigated subject?

Yes, substance abuse and rehabilitation rights are a highly litigated subject, especially in workplaces where employers fail to honor confidentiality, accommodation laws, or fair reinstatement practices.

Can an employee in rehab file a complaint for sexual harassment during or after treatment?

Yes, experiencing sexual harassment at any point—whether during rehab-related leave or after returning to work—is a violation of your rights and should be reported. Rehab status does not diminish your legal protections.

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