A federal judge in Trenton, New Jersey, has denied Morgan Stanley’s motion to compel arbitration of a wrongful termination suit, finding room for debate over whether the company’s email delivery of the mandatory arbitration policy to employees constitutes notice and assent.

The company sent an email to all employees in September 2015 describing a new policy that subjected employment disputes to mandatory arbitration. The company says it sent a copy to the plaintiff, Craig Schmell, who was then a senior vice president in Morgan Stanley’s Red Bank, New Jersey, office, but Schmell said he did not recall seeing the message.