Tracey B. Eberling

Member

Biography

Tracey Eberling enjoys the diversity of her legal practice which includes representing clients in both labor and employment and litigation defense. Within her litigation practice, Tracey defends boards of education, manufacturers, industry organizations, municipalities, and public safety officers in a wide variety of civil litigation in administrative hearings and in the courtroom. Tracey’s labor and employment practice is a combination of counseling for litigation avoidance and defending when litigation occurs. Tracey is also brought in when a workers’ compensation matter needs someone with a discerning eye and the tenacity to work through a complicated claim.

Representative Experience

Defense of employers at trial in age, race and disability discrimination, sexual harassment, retaliation, and FLSA cases
Counseling employers on wage, benefits, and policy issues
Defense of law enforcement agencies and officers
Defense of boards of education in state and federal courts, grievance boards, and special education due process claims
Representation of health care providers and facilities in professional liability actions

Licensed In

Maryland
Pennsylvania
West Virginia

Education

J.D. University of Baltimore School of Law

B.A. West Virginia University

Memberships

Past President, West Virginia Bar Association (2021-2022)
Legal and Legislative Committee, Cumberland Valley SHRM
Chair, Franklin County Area Tax Board
Two-Time Past President, Board of Directors, Martinsburg-Berkeley Chamber of Commerce
Auction Committee Chair, Martinsburg-Berkeley County Chamber of Commerce
Past President, Board of Directors, United Way of the Eastern Panhandle
Member, Eastern Panhandle SHRM
Former Executive Council, The West Virginia Bar Association
Defense Research Institute
Defense Trial Counsel of West Virginia
Member, Pro Bono Committee, Washington County Bar Association

Achievements

The Best Lawyers in America®, Employment Law – Management (2022-Present), Insurance Law (2021-Present), Litigation – Labor and Employment (2024-Present), Medical Malpractice Law – Defendants (2012-Present)
Best Lawyers® 2025 Morgantown, WV Employment Law – Management, Lawyer of the Year

Speaking Engagements

Presenter, “Does Anyone Come to Work Anymore? How to Handle Tricky ADA, FMLA, and Other Leave Issues in Order to Balance Employee Rights with Workplace Needs”
Presentation – Eastern Panhandle SHRM 2018: Case Studies
Presentation – Cumberland Valley SHRM Legal & Legislative Conferences, 2014, 2015, 2016, 2017, 2018, 2019
Presentation – West Virginia Association of School Administrators, Spring 2017: ADA & FMLA for School Administrators
Training of law enforcement officers on sexual harassment and responsible social media use
Training teachers and school staff on appropriate physical and electronic boundaries

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