Skip to main content

Bryan Tyson

Employee benefits Attorney at Charlotte, NC

4.7   15 reviews
  • State Years
    North Carolina - NC 20 years
    Georgia - GA 27 years
    Texas - TX 21 years
  • Licensed for 20 years
    State NC
    Acquired 2004
    Active No misconduct found
  • Licensed for 27 years
    State GA
    Acquired 1996
    Active Member in Good Standing No misconduct found
  • Licensed for 21 years
    State TX
    Acquired 2003
    Inactive No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Bryan

Learn Bryan’s areas of practice.

Practice areas
  1. Employee benefits
    Bryan represents employees in all areas of employee benefits, including health insurance claims denials; long-term and short-term disability denials; executive, incentive and stock-based compensation plans; and retirement plans (including ESOPs, 401(k) plans, pension plans, and profit-sharing plans).

    23 years

  2. Employment and labor
    Bryan represents individuals and small businesses in all aspect of employment law, including wage and hour disputes; non-competition agreements; employee background check violations; sexual harassment claims; and discrimination litigation.

    26 years

Bryan believes strongly that individuals and small businesses deserve the same aggressive and vigorous representation that large corporations and insurance companies receive.   


Bryan represents individuals in employee benefit matters throughout North Carolina, including long and short-term disability claims, health coverage claims, severance plans, executive compensation matters (such as bonus, stock and incentive plans), and retirement plans (including 401(k) plans, pension plans and ESOPs).  


Bryan also represents individuals and small businesses in employment law matters, including issues related to termination of employees, discrimination, wage and hour compliance, non-competition and trade secret litigation, and severance/employment agreements. 


Along with his partner, Matthew Marcellino, Bryan assists clients in personal injury and family law matters.  



Marcellino & Tyson PLLC
1315 East Blvd. Ste 250
Charlotte, NC, 28203


4.7 / 5.0
  15 customer reviews
5 Star
4 Star
3 Star
2 Star
1 Star
Posted by anonymous | October 9, 2020
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Health Care Benefits
I recently worked with Bryan Tyson on an ERISA health care benefits issue. He was highly knowledgeable and super-helpful. We were able to get the issue resolved quickly and to my satisfaction. Highly recommend him for ERISA/employee benefit matters, including health insurance issues.
Posted by Megan | September 7, 2020
This review is from a person who hired this attorney.
| Hired Attorney
ERISA Claim Assistance
I recently consulted with Bryan Tyson at Marcellino & Tyson, PLLC regarding a health care claim under ERISA. I was extremely impressed with their legal knowledge and the strategy they provided for my claim. Fortunately, after hiring the firm, the insurance company reversed its position and granted my claim so and I can now get the medical care I need. I would highly recommend Bryan Tyson and Marcellino & Tyson to anyone seeking to claim their benefits, whether for disability, health, retirement, or otherwise. Their ERISA knowledge is amazing!
Read less
Posted by ashok | August 19, 2020
This review is from a person who hired this attorney.
| Hired Attorney
“I’m a physician who purchased an individual disability policy to protect myself in case I couldn’t be a doctor anymore. The insurance company, however, denied my claim. I wasn’t sure how to proceed, so I reached out to attorney Bryan Tyson at Marcellino & Tyson, PLLC. His knowledge of ERISA and how long-term disability works was great. I greatly appreciate Bryan and highly recommend him!”
Read less
Posted by Patty | January 2, 2020
This review is from a person who hired this attorney.
| Hired Attorney
A Huge Help!
A big thank you to Bryan Tyson for reviewing my independent contractor agreement. The organization I was contracting with tried to make major, unacceptable changes to our current contract. I hired Bryan to review it and give feedback and as a result of his expertise, the organization agreed to agree to the current terms and not make the changes.
Read less
Posted by Lynda | December 9, 2019
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Great Service!
I’ve had the opportunity to work with Bryan Tyson on employment contract matters on several occasions. Bryan is certainly knowledgeable in this area of the law. and has his clients' best interest at heart. However, what’s even more helpful is his practical approach to guiding clients to their desired result with the least amount of risk and complication. He helps simplify the law for a 'layman' to be able to understand the next 'best steps'. Specifically, he reviewed and advised me on a non-competition agreement as well as an employment contract as I was exiting a firm. Highly recommend him and his firm! Thanks Bryan!
Read less
Posted by Terri | January 16, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Long Term Disability Settlement
I hired Brian after my Long Term Disability Insurance Company denied my benefits. He and his team worked with me and we were able to reach an agreement with the insurance company that was acceptable to me. The process was long and frustrating because of the insurance company dragging their feet, but Brian and his team had prepared me well for what to expect. He took the time to listen to my concerns, and always treated me with professionalism and respect. He has an outstanding knowledge base regarding ERISA and related legal precedents. His skills in Mediation were impressive, and led to a successful outcome for me.
Read less
Posted by anonymous | January 20, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Long Term Disability
I am a health professional that has been working in a high intensity life or death environment for over 30 years . Due to the increasing severity of a medical condition , I could no longer perform in the capacity needed to do my job . I hired Mr. Tyson to help with the daunting task of the application process necessary to file for a long term disability claim . I frankly was not healthy enough to deal with the overwhelming task of obtaining records and the necessary communications with the insurance company . I can't tell you what a relief it was to turn it all over to Mr Tyson and his staff ---they handled everything needed to file the claim . Not only are they the utmost professionals , but they are also understanding and compassionate when dealing with a client undergoing debilitating health issues that are life changing . Their expert handling of this process was invaluable , and I think that because of their expertise I was granted my benefits on the initial submission . I have to say that Ms. Dentson , his paralegal was of great assistance , as was all if his staff . They took a tough burden off of me , and did a great job . I highly recommend Mr. Tyson and his staff at Marcellino and Tyson ! Thank you again !
Read less
Posted by Robin | June 6, 2015
When the Insurance Company's "No" really isn't THEIR final answer …
After exhausting the appeal process on my own to reinstate my Long-Term Disability benefits with the insurance carrier, I turned to Bryan Tyson for help. After our initial meeting, I knew that I had chosen the right attorney. Bryan was methodical in his approach, explained why each step was necessary, and nothing was done without discussion, my input, and approval. In less than 6 weeks from when the insurance company was served with the lawsuit, my case settled through mediation! It was during mediation that I gained even more respect for Bryan. He was confident and well-prepared; the amount of research that he did "behind the scenes" was truly impressive. Bryan is a man of integrity who, through this process, also taught me a valuable lesson of patience ... and good things really do come to those who wait.
Read less
Posted by Jody | June 6, 2015
Fighting for the little guy!
I had a difficult ERISA case that wasn't going to net a large amount of money, but Bryan knew that I was in the right and went to bat for me without any hesitation. He walked me through the steps that were needed to be taken and was able to settle my case in a short amount of time and for more money than I would have expected. It is great to work with a lawyer that is a straight shooter and explained why we needed to follow a certain path to have the best success. I would confidently send anyone that I know to this law firm.
Read less
Posted by Kathy | February 16, 2015
One of the BEST Lawyers in Charlotte NC
My husband and I own a small subcontracting business in the Construction Industry. As we've grown we've had many questions and concerns about employees, salaried vs hourly benefits and pitfalls, employment statements, reasonable expectations between employer and employee, health care coverage, best hiring practices/firing practices, preparing a Company Handbook, travel expenses, compensable time driving to and from job sites, etc. Bryan was highly recommended to us and he has not disappointed. Bryan is warm, personable, and very knowledgeable. He's quick to respond by phone or email, and you can meet with him just as easily. Got questions? In a pickle? Give Bryan a call.
Read less
Posted by N. S. | January 21, 2015
Result Oriented
I have used the services of Bryan Tyson for a significant litigation case in 2014. He was efficient and effective in swiftly reaching a satisfactory settlement. He is keenly aware of the fact that the shortest distance between two points is a straight line !
Posted by anonymous | January 16, 2015
A Lawyer's Lawyer
I am a general practitioner when it comes to matters of labor and employment law and Bryan is a great go-to guy when a consultation or assistance is needed in this area. Bryan combines an advanced degree, big firm experience and small firm convenience, and I would unequivocally recommend him to anyone seeking an extremely capable attorney in this field of the law.
Read less
Posted by Julia | January 14, 2015
Excellent service!
I am a small business owner and have had to deal with legal issues both personally and professionally regarding individuals, corporations, and government entities. Bryan has helped me with a wide range of legal issues, from details of employment law (including unemployment claims), employee benefits (for my company and for me personally), corporate tax issues, and litigation matters. Bryan is very responsive and while he certainly knows the legal aspects of matters, he’s also excellent at the practical aspects of law - his advice and guidance helped me to achieve my goals for my business and for myself. I very much appreciate his help!
Read less
Posted by Janet | January 11, 2015
Tyson Review
It can be hard to find a good Lawyer like Mr. Tyson, but he was perfect in every way. He reviewed all of my notes and pulled them together so we could go to mediation. During mediation he was very knowledgeable and did not let the opposing side get the best of us. If I had a question and emailed or called Mr. Tyson he would get right back to me. This case was very emotional for me, but he got me through it with very good results. Mr. Tyson was very smart not only about our case but about the Law. I am so happy my associate recommended Mr. Tyson since he was the best. The best part is I knew I could trust him which is not the case with some lawyers. I would highly recommend him if you want great results for yourself. I would hire him again for all the Law he practices. Janet
Read less
Posted by anonymous | January 12, 2018
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Lacked professionalism and expertise
I was referred to Marcellino & Tyson by another law firm on a matter regarding my former employer. I paid the consultation fee and was shown to a conference room where I was kept waiting for over 30 minutes past our scheduled time to meet. I was finally greeted by two attorneys as I was preparing to leave. I provided them an overview of my situation and expressed a desire to seek a legal remedy. The senior attorney, Bryan Tyson, asked for internal documents which would be key in determining next steps. I subsequently provided the documents and heard nothing from him for six weeks. I sent him a follow up email re-stating my desire to move forward and two weeks after the silence. Completely unprofessional. A telling exchange during our meeting is indicative of the lack of depth and experience of Mr. Tyson on matters outside of the most basic employment law cases. I researched case law pertaining to my situation and he told me I was up to speed on this matter as it relates to the NC courts and actually began asking me how I thought we should proceed which was shocking to me. I don't have a law degree and he holds himself out to be an employment lawyer. Based on my experience, I strongly recommend anybody seeking professional guidance based on a thorough examination of all aspects of your situation to seek counsel elsewhere. Integrity and doing what you say you are going to do matters in business and certainly as it relates to sensitive legal issues. I wasted three months as a result of a lack of basic professionalism. In a situation where time matters, you can ill-afford to do the same.
Read less
View less reviews


We have not found any cost information for this lawyer

Contact for Details


AVVO RATING 9.9 (Superb)

Work Experience

  • Partner
  • Marcellino & Tyson, PLLC
  • 2014 - Present
  • Partner
  • Bryan L. Tyson, PLLC
  • 2010 - 2014
  • Of Counsel
  • Kilpatrick Stockton, LLP
  • 2008 - 2010
  • Of Counsel
  • Womble Carlyle Sandridge & Rice
  • 2003 - 2008
View all work experience


  • Georgetown University Law Center
  • LL.M - Master of Laws with Distinction
  • 2002
  • Georgetown University Law Center
  • LL.M - Master of Laws
  • 2002
  • University of North Carolina School of Law
  • JD - Juris Doctor with Honors
  • 1996
  • University of North Carolina, Chapel Hill
  • BA - Bachelor of Arts with Honors in Political Science
  • 1993
View all education

Sample of Legal Cases

  • Scism v. Piedmont Natural Gas Co., Inc. Long Term Disability Plan and Hartford Life Insurance Co., 3:13-cv-667 (W.D.N.C. 2013)
  • Insurance company reversed its denial and awarded client full benefits
  • L.B. v. United Behavioral Health, Inc., 2014 U.S. Dist. LEXIS 129403 (W.D.N.C. 2014)
  • Full benefits and attorneys' fees awarded to client.
  • Breyan v. U.S. Cotton, LLC, 2013 U.S. Dist. LEXIS 144784 (W.D.N.C. 2013)
  • Motion for Judgment on Pleadings denied


  • North Carolina Advocates for Justice
  • Development Committee
  • 2016 - Present
  • North Carolina Advocates for Justice
  • Member
  • 2015 - Present
  • North Carolina State Bar
  • Member
  • 2004 - Present
  • Mecklenburg County Bar Association
  • Member
  • 2004 - Present
  • State Bar of Georgia
  • Member
  • 1996 - Present
View all associations

Languages Spoken

  • English

Honors and Awards

  • Legal Elite--Employment Law (Voted First Place in Practice Area)
  • Business North Carolina Magazine
  • 2017
  • Charlotte's Finest
  • Creative Loafing/Proactive Resources
  • 2015
  • 10 Best Client Satisfaction Award
  • American Institute of Personal Injury Attorneys
  • 2015


  • Taxation of Exempts 58
  • Are Split-Dollar Life Insurance Arrangements Preferable to 457(f) Plans for Deferring Compensation?
  • 2005
  • Charlotte Business Journal
  • New rules for execs’ deferred comp
  • 2004
  • 105 West Virginia Law Review 763
  • Is the Merger of Participant-Directed 401(k) Plans Subject to ERISA’s Fiduciary Standards?: An Analysis of the Franklin v. First Union Litigation and Its Aftermath
  • 2003
  • Georgia Bar Journal, Volume 7, Number 1
  • Under Lock and Key (and Covenant): Practical Aspects to Protecting Your Clients with Restrictive Employment Covenants
  • 2001
  • The Labor Lawyer (ABA), Volume 15, Number 3
  • The FCRA and Workplace Investigations
  • 2000
View all publications

Attorney endorsements

Received (10)
Given (6)
Endorse Bryan
Employee benefits Attorney | Mar 14
Relationship: Fellow lawyer in community
"Brian is a great attorney and a pleasure to work with. Brian has a wealth of knowledge in all areas of employment law and is someone I routinely turn to with questions involving employee benefits."
Personal injury Attorney | Dec 31
Relationship: Fellow lawyer in community
"Bryan is a smart, aggressive litigator that will protect client interests. He is effective inside and outside of the courtroom representing his clients. I endorse Bryan."
Employment and labor Attorney | Oct 20
Relationship: Fellow lawyer in community
"Bryan Tyson is one of the most thorough and knowledgeable attorneys I have ever had the pleasure of working with. He has an expansive understanding of employment law, ERISA, short term disability, long term disability and health insurance. In addition to providing outstanding representation to his clients, Bryan is also a valuable resource to other attorneys in the community. I have no hesitation in giving him the highest of ratings."
Litigation Attorney | Apr 13
Relationship: Co-worker
"Bryan and I worked in the same law firm previously. He is one of the smartest, most down-to-earth lawyers that I know. He has a very practical approach that lends itself to resolving matters, but also has the skill, knowledge and experience that allow him to win in court. I do not hesitate to recommend him."
Employee benefits Attorney | Feb 16
Relationship: Worked together on matter
"I’ve had the good fortune of knowing Bryan for more than twenty years. Through his work, Bryan has developed a deep knowledge of the law governing employee benefits, and he is always the first person I call when I have a question about employment law. We’ve worked on cases together, and I can tell you that he truly cares for his clients and takes their concerns to heart. It’s these insights that make him such an effective advocate, and I wholeheartedly recommend him today just as I have countless times in the past."
Employment and labor Attorney | Feb 09
Relationship: Worked together on matter
"I refer my employment law cases to Bryan, when our firm has a conflict. He does a thorough job and my clients are impressed with his professionalism. I appreciate having a trustworthy attorney to entrust my clients when they need assistance."
Employee benefits Attorney | Feb 05
Relationship: Fellow lawyer in community
"I endorse this lawyer. Bryan is one of the go-to lawyers in NC for his expertise in the field of ERISA, long-term disability and employee benefits."
Employee benefits Attorney | Jan 22
Relationship: Fellow lawyer in community
"Bryan is an excellent attorney and a gentleman. I highly recommend you contact Bryan if you have employee benefits issues."
Employee benefits Attorney | Jan 06
Relationship: Worked together on matter
"Bryan is a fine attorney who I associate with frequently. He has my highest recommendation and you cannot go wrong consulting with Bryan regarding your legal matter."
Employee benefits Attorney | Jan 06
Relationship: Co-worker
"I have worked with Bryan for quite a while now and have found him to be an exceptional attorney."
View more endorsements
Employee benefits
Class action
Employee benefits

Avvo Contributions

This attorney hasn't created any legal answers in Q&A or legal guides recently on Avvo.

Charlotte Employee benefits Lawyer Bryan Tyson
Bryan Tyson
Employee benefits Attorney
Charlotte, NC
Licensed for 27 years