Tracy L. Fehr

Employment

Los Angeles

Tracy Fehr has nearly two decades of employment law experience and said she was drawn to the field for its human-centric cases that resonate with her background in psychology and creative writing.

"I've also always had a strong reaction to injustice and unfairness," she said. "Practicing employment law allows me to right wrongs in people's lives."

In 2023, her work as appellate counsel led to two published decisions that have significantly influenced California law.

In the first matter, she was hired after the defense filed a post-trial writ to disqualify the judge and overturn a $25 million employee retaliation verdict. Bassett Unified School District v. Superior Court (Ross) (2023) 89 Cal.App.5th 273.

"The court's published decision discussed judicial ethics and preserved Ross' retaliation verdict, allowing the case to resolve without further appellate work," Fehr said.

Similarly, in a separate matter, Fehr's persuasive writ compelled the court to issue an alternative writ of mandate, reinforcing the strength of CCP 1281.98 and setting a precedent for timely payment of arbitration fees. Doe v. Superior Court (Na Hoku) (2023) 95 Cal.App.5th 346.

"Under the new Code of Civil Procedure section 1281.98, late payment of arbitration fees breaches the arbitration agreement and allows the opposing party to pursue the case in court," Fehr said. "This case confirmed the strength of CCP 1281.98 and rejected the employer's 'the check is in the mail argument,' holding payment must be received by the due date. This was an issue of first impression in the First District Court of Appeal."

She noted that appellate practice requires painstaking attention to detail, which is incredibly time-consuming. Even then, it is difficult to obtain a reversal on appeal.

"It is incredibly rewarding to preserve an employee's victory or to correct an error that denied the employee their day in court, particularly when creating new California law," Fehr said.

Lastly, she won a Ninth Circuit appeal in a memorandum opinion.

Fehr was brought on as appellate counsel after the district judge granted summary judgment.

"The plaintiff is a doctor who had dedicated his life to treating cancer patients and wanted to give back by working at the Veteran's Administration," she explained. "After oral argument, the Ninth Circuit reversed the order granting summary judgment, reinstating Dr. Merlo's age discrimination and retaliation claims."