Tracey B. Eberling

Member

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

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), Workers’ Compensation Law – Employer (2026)
Best Lawyers^® 2026 Morgantown, WV Medical Malpractice Law – Defendants, Lawyer of the Year
Best Lawyers^® 2025 Morgantown, WV Employment Law – Management, Lawyer of the Year
Fellow, West Virginia Bar Foundation (2024)

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

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

Licensed In

Maryland
Pennsylvania
West Virginia

Education

J.D. University of Baltimore School of Law

B.A. West Virginia University

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