Worker sought equity stake for capital-raising work, but court found he was never employed to do it
A grocery chain employee's push for stock compensation failed after North Carolina's highest court found no evidence he was employed to do the claimed work.
On March 20, 2026, the Supreme Court of North Carolina affirmed a lower court decision that raised questions about when an employee's work falls under the state's Wage and Hour Act – and when it does not.
James Talley held a $50,000 salaried position at Earth Fare. At some point, he went to the company with a proposal. He wanted to raise capital for the business, and in return, he wanted a significant equity stake in the company, a seat on the board of directors, an ownership interest for his son, and other perks the company had extended to outside business partners. He described it as a new "deal" – separate from his existing role.
Earth Fare never agreed to those terms. Talley did the work anyway. His efforts were described at trial as instrumental in securing a deal with investor Dan Larimer. When the compensation he expected never came, he sued Earth Fare and Dennis Hulsing under the North Carolina Wage and Hour Act, alleging they failed to pay him the promised stock, stock options, and other compensation for his capital-raising work.
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