Severson and Werson

Tracey K. Merwise is a Member and Co-Chair of the Firm’s Labor and Employment Practice Group.  She provides clients with strategic litigation defense as well as practical counseling, compliance advice, and training on all aspects of workforce management.  Ms. Merwise specializes in serving as "In-House On-Call Counsel" and in helping employers de-escalate workplace conflicts to minimize litigation risk. 

Since 1995, Ms. Merwise has focused her practice exclusively on labor and employment litigation, advice and counsel, and compliance. Prior to joining Severson & Werson, Ms. Merwise served as Senior In-House Counsel in SBC/Pacific Telesis’ Labor and Employment Department and was associated with the labor and employment departments of the national law firms of Heller Ehrman and Seyfarth Shaw. Ms. Merwise has litigated cases and provided expert legal advice on all aspects of unionized and non-unionized workforce management, including employee leaves, performance management, reasonable accommodation, workplace violence prevention, and wage and hour compliance.

Ms. Merwise received her J.D. from Harvard Law School in 1992 and holds a B.A. in Government cum laude from Dartmouth College. She was a law clerk to the Honorable John W. Bissell, United States District Court for the District of New Jersey.

Ms. Merwise joined Severson & Werson in 2005. She is admitted to the Bar in California and Illinois and is a member of the Society for Human Resource Management (SHRM), the Labor & Employment Sections of the American and California Bar Associations, the Bar Association of San Francisco and the San Francisco Bank Attorneys Association.

Ms. Merwise maintains a Labor and Employment Law practice including:

Labor and Employment Law Advice and Counsel, Compliance and Training, and Strategic Litigation Defense.

Ms. Merwise's specific experience includes:

Labor and Employment Advice and Counsel and Coaching: Advise employers on all aspects of workforce management, including proper handling of layoffs, employee leaves and reasonable accommodation requests, managing performance issues, discipline and termination, avoiding discrimination, harassment and retaliation claims, non-competition and wage and hour compliance. Coach employers on proper in-house investigation of alleged misconduct, management of pre-litigation complaints.

Employment Policy Auditing and Compliance: Draft and audit employer forms, agreements, handbooks and policies.

Employment Training: Conduct trainings and seminars for managers and line employees on all aspects of the employment relationship, including sexual harassment and discrimination prevention, employee classifications, wage and hour issues, protection of proprietary information, and issues unique to California employment law.

Labor and Employment Litigation: Strategic defense of individual and class action lawsuits.

Biographical Information:

Employment History:
Member since 2008; Co-Chair, Labor & Employment Practice Group, Severson & Werson, since 2005
Senior Counsel, Labor & Employment Department, SBC Comm./Pacific Telesis Legal Group, 2004-2005
Associate, Labor & Employment Department, Heller Ehrman LLP, 1997-2004
Associate, Labor & Employment Department, Seyfarth Shaw LLP, 1995-1997
Associate, Litigation Department, Heller Ehrman LLP, 1994-1995
Law Clerk, to The Honorable John W. Bissell, US District Court, District of New Jersey, 1992-1994

Education: B.A. in Government, cum laude, Dartmouth College, 1987. J.D., Harvard University, 1992. Certificate of Distinction in Teaching – “What Is Law?”

Admitted to Practice: California and Illinois.

Professional Affiliations: Member: State Bar of California; Labor & Employment Sections of the American and California State Bar Associations; Society for Human Resource Management (SHRM); Northern California Human Resources Association (NCHRA); San Francisco Banking Attorneys Association; Bar Association of San Francisco.

• "Employment Law 101 for California Startups: The laws, the docs, and (most of) the rest" (Dartmouth Lawyers' Association, San Francisco, California, October 2011).
  
• "The Top Ten Things Every Manager Must Know About Employment Law" (CCI Financial & Insurance Services, San Francisco, California, May 2010).
  
• "Retention, Recruiting or Raiding? The 3 R's of HR for A/E's" with David Ericksen and Verita Molyneaux (San Francisco, California, May 2010).
  
• "The Top Ten Things Every Manager Must Know About Employment Law" (The Financial Women’s Association of San Francisco, San Francisco, California, April 2010).
  
• "The Top Ten Things Every CFO Must Know About Employment Law" (Financial Executives International, San Francisco, California, October 2009).
  
• "Getting RIFs Right in 2009: Tailoring Your Workforce to Fit Tough Times" (San Francisco, California, April 2009).
  
• "Identifying and Addressing Bias Against Women and Minorities in the Legal Profession," (Association of Defense Counsel of Northern California and Nevada's Annual Meeting, San Francisco, California, December 2008).