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Tracey
Merwise

Senior Attorney

T. 925.261.8825

Tracey is a firm believer in the power of investigations to help ensure fairness in the workplace. She brings a deep sense of responsibility to be impartial in her work, because she appreciates the impact investigations have on the lives of all involved.

Experience

Over almost three decades, Tracey has been a partner at a national employment law firm and in-house counsel at Uber, AT&T and a children’s summer camp. She has also served as a mediator and a coach. Her range of experience helps Tracey to see each investigation from multiple perspectives. She leverages this experience to handle investigations of all kinds, from individual issues between co-workers to those involving members of the C-suite, from simple cases to the highly complex.

Tracey handles investigations involving allegations of discrimination, harassment, retaliation, and bullying. In addition, a unique area of Tracey’s practice involves investigations into accusations of financial malfeasance. While she is not a forensic accountant, Tracey has helped organizations uncover patterns of fraud or deceit resulting in misuse of funds.

Tracey frequently speaks about and trains others on employment law issues, including prevention of harassment, discrimination and retaliation; appropriate handling of reasonable accommodation of disabilities; managing workplace conflict; and catalyzing diversity, equity and inclusion in the workplace. She also trains in-house investigators on investigation techniques and eliminating bias in investigations.

Tracey received her mediator certification from the Straus Institute for Dispute Resolution at Pepperdine University School of Law and served as a volunteer mediator for the Equal Employment Opportunity Commission (EEOC). She graduated from the Association of Workplace Investigators’ (AWI’s) Training Institute for Workplace Investigators in 2016.

Outside the Office

In her spare time, Tracey enjoys hiking, especially in national parks. She also likes to travel and learn about different cultures, take photographs, and spend time with her family and friends.

“Persevere.” – Justice Ketanji Brown Jackson

A representative sample of Tracey’s speaking and training engagements prior to 2017, when she became in-house counsel, includes:

  • “The 2017 Legal Landscape:  Get Ready, Set, Go!” Speaker, Northern California Human Resources Association (NCHRA) Annual California Legal and Legislative Conference, November 2016
  • “From Subpoena to the Witness Stand:  The Good, the Bad and The Scary Unknown of Testifying About Your Investigation,” Panelist, Association of Workplace Investigators (AWI) Annual Conference, November 2016
  • “Conflict: An HR/EEO Survival Guide,” Speaker, Equal Employment Opportunity Commission EXCEL (Examining Conflict in Employment Law) Conference, July 2016
  • “Developing an Ethical Approach to Crisis Management,” Speaker, Jackson Lewis Women’s Employment Law Conference, November 2015
  • “Gender Bias or Gender Neutrality in Selecting ADR Professionals,” Speaker, Bay Area Women Neutrals (BAWN), June 2015
  • “Words to the Wise: Navigating Recurring Ethical Issues in Employment Law,” Speaker, Jackson Lewis Corporate Counsel Conference, April 2014; Jackson Lewis Women’s Employment Law Conference, September 2013
  • “How to Find and Manage Global Talent and Handle Red Flags Throughout the Employment Lifecycle,” Speaker, Jackson Lewis client briefing, June 2013
  • “May the Force Be With You! Employment and Staffing Perils and Planning for Construction Professionals,” Speaker, Severson & Werson client briefing, June 2012
  • “The Top Ten Things Every Manager Must Know About Employment Law,” Speaker, Financial Women’s Association of San Francisco, April 2010
  • “Getting RIFs Right in 2009:  Tailoring Your Workplace to Fit Tough Times,” Speaker, USI Insurance Services, June 2009; Hays Companies, Inc., July 2009
  • “Identifying and Addressing Bias Against Women and Minorities in the Legal Profession,” Speaker, Association of Defense Counsel Annual Meeting, December 2008
  • “Getting RIFs Right:  How to Avoid the Unintended Consequences of a Reduction-In-Force,” Speaker, Woodruff Sawyer & Co., 2008
  • “Recruiting and Retaining Staff in a Tight Market:  Strategic Advice for Design Firms,” Speaker, Severson & Werson client briefing, February 2006
  • “Understanding and Addressing Sexual Harassment in the Workplace,” Speaker, San Francisco Insurance Center, Inc., 2005
  • OIG Welcomes Attorney Tracey Merwise
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  • Bar Association of San Francisco, member

Education

Harvard Law School, J.D.

Dartmouth College, B.A. cum laude

Areas of Expertise

Investigations

Training & Webinars

Mediation & Conflict Resolution

Admission

State Bar of California