In the lawsuit of Frank Han versus Eshares, Inc., filed in the Court of Appeal of the State of California, Sixth Appellate District, under case ID H050478 on April 24th, 2024, Frank Han (plaintiff) is appealing against his termination from Eshares, Inc. (defendant), doing business as Carta. The case revolves around an alleged breach of implied covenant of good faith and fair dealing by Carta during Han's employment termination.
The dispute began when Han was terminated from his position at Carta, despite assurances from Henry Ward, Carta’s CEO, that his job was secure. The jury sided with Han but Carta argued that as an at-will employee, Han could be dismissed anytime and thus appealed for a reversal of the judgment.
Han cross-appealed claiming that the trial court failed to provide a jury instruction on fraudulent concealment. He asserted that the instructions given for intentional misrepresentation and false promise were insufficient based on the facts presented at trial.
Han seeks affirmation of the initial judgment favoring him while Carta seeks its reversal. The appellate court concluded that any oral statements made by Carta’s CEO could not limit Carta from discharging Han under the express at-will provision in the written employment agreement. Therefore, it reversed part of the judgment pertaining to breach of duty of good faith and fair dealing but affirmed other parts.