The Attorneys at Marcellino Moore, PLLC have been awarded Super Lawyers®, which includes less than 2.5% of the nation's top attorneys!
Non-Compete Agreement Lawyers in Charlotte
Business-Focused Contract Guidance from a Firm Founded in 2011
A non-compete agreement can shape a hiring decision, career move, business transaction, or dispute. We advise Charlotte employers, business owners, executives, professionals, and contractors on drafting, reviewing, revising, negotiating, and challenging these restrictions.
At Marcellino Moore, PLLC, we draw on our business law, employment law, contract, corporate counsel, and civil litigation capabilities to evaluate restrictions before they are signed and respond when disagreements develop.
Founded in 2011, our firm provides practical guidance to businesses and individuals facing consequential professional decisions. We’re recognized by Super Lawyers®, a designation achieved by less than 5 percent of attorneys nationwide, and we advocate for clients in and out of the courtroom.
Call (980) 427-3401 or reach out online to discuss your Charlotte non-compete agreement with our attorneys.
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Our Case Results
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Business Law
Contracts Protect Business from Former Employee. Attorney Matt Marcellino represented a business that faced a significant threat when a former employee attempted to use company assets and property in a manner that could harm the company.
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Business Law
Executive and Shareholder Takes Control of Company After Attempted Termination. Attorney Matt Marcellino represented a part-owner of a company who learned that some of the other owners intended to terminate his employment and force the sale of his shares.
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Business Acquisition
Attorney Matt Marcellino represented a business whose long-term goal was to position itself for acquisition by a larger competitor. Over the course of two years, Marcellino worked closely with the owners to navigate the legal and strategic issues necessary to prepare the company for a successful transaction.
Meet Our Team
Protecting What Matters Most
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Matthew Marcellino Partner -
Jennifer Moore Partner -
Clay Campbell Partner -
Katheryn Currie Associate Attorney -
Daniel Vander Woude Associate Attorney -
Ryan A. Feeley Associate Attorney -
Kirsten "Kay" Bolaños Associate Attorney -
Alexis Gadzinski Associate Attorney -
Brian Wick Associate Attorney -
Olivia House Associate Attorney -
Deb Dilman Of Counsel -
Bryan Tyson Of Counsel
How North Carolina Courts Assess Non-Compete Agreements
Enforceability under North Carolina law depends on the agreement’s language, how and when it was signed, the parties’ relationship, and the circumstances surrounding enforcement. Courts generally consider several connected factors rather than treating every restriction alike.
Important considerations may include:
- Written agreement: A court may examine whether the restriction was put in writing and properly executed.
- Valuable consideration: Consideration is something of legal value exchanged for a contractual promise. Whether it is sufficient can depend on when and why the agreement was signed.
- Legitimate business interest: The restriction generally must relate to a valid interest, such as customer relationships, confidential information, or another protectable business concern.
- Reasonable limits: The analysis may consider the duration, geographic reach, prohibited work, and people or customers covered.
- Public policy: Putting a restriction in writing doesn’t make an otherwise unlawful agreement enforceable.
North Carolina restrictive-covenant law is fact-sensitive and can change. We assess current law alongside the contract and its business context, not the provision’s label alone.
When to Request a Non-Compete Agreement Review
Review the terms before signing a contract, planning a professional transition, or responding to an alleged breach. Early review can clarify which activities are restricted, how the provisions may affect a decision, and where the parties disagree.
Consider speaking with us when:
- You’re preparing an employment agreement or revising existing terms.
- You’ve been asked to sign a restriction before accepting a position, promotion, compensation change, or ownership opportunity.
- You’re considering joining a competitor, starting a business, or contacting former customers.
- An employee, executive, contractor, or business partner is departing.
- You’ve received a demand letter, lawsuit, or request for an injunction, which is a court order requiring or prohibiting specified conduct.
- A business sale or ownership change includes post-closing restrictions.