Q: I have several pre-existing conditions. I have requested to telecommute and been denied. What can I do?

A: If you have medical or other physical limitations that restrict your ability to work in the workplace, you should get a doctor's note indicating those restrictions and recommending that you be allowed to work from home. Present that note to your employer. If you work for an employer that employs at least 5 employees the California Fair Employment and Housing Act will require your employer to engaged in an interactive process with you to determine if you can be accommodated in the manner requested by your doctor, and the employer will be required to provide that accommodation if it would not create an undue hardship on the employer.

This can be a complicated area of the law. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: Just because you have a pre-existing condition does not necessarily make you as a "Qualified Physically Disabled" person that would be entitled to a "Reasonable Accommodation" from your employer. The pre-existing condition has to be one which limits a major life activity. There are certain other categories that may qualify you. California is more liberal about what qualifies you than is the ADA. I agree with everything that Mr. Pedersen said below, about getting a doctor's note, but you may want to consult with an attorney before getting the doctor's note so that you can be sure the note provides the information that is necessary. This is a complex area of law and doctors don't practice law, they practice medicine.

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