Despite their negative effect on workplace productivity, conversations about mental health and addiction are often considered taboo.

Having an employee working from home in a state that is not the same as where the employer is based creates several issues.

"It's not a matter of if but when," said Edelman, founder of Edelman Financial Engines and the RIA Digital Assets Council.

"Had he been a woman, he wouldn't have been treated in the same way," said attorney Michael J. Willemin.