Tracey B. Eberling

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

  • Defended employers at trial in age, race and disability discrimination, sexual harassment, retaliation, and FLSA cases
  • Counseled employers on wage, benefits, and policy issues
  • Defended law enforcement agencies and officers
  • Defended boards of education in state and federal courts, grievance boards, and special education due process claims
  • Represented 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
  • Eastern Panhandle SHRM
  • Former Executive Council, The West Virginia Bar Association
  • Defense Research Institute
  • Defense Trial Counsel of West Virginia
  • 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

  • “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”
  • “Case Studies,” Eastern Panhandle SHRM (2018)
  • Cumberland Valley SHRM Legal & Legislative Conferences (2014, 2015, 2016, 2017, 2018, 2019)
  • “ADA & FMLA for School Administrators,” West Virginia Association of School Administrators (Spring 2017)
  • Trainer, “Sexual Harassment and Responsible Social Media Use,” Law Enforcement Officer Trainings
  • Trainer, “Appropriate Physical and Electronic Bounderies,” Teacher and School Staff Trainings

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