Score one for the former broker.

Craig Schmell’s lawsuit against Morgan Stanley for unlawful termination can proceed in federal court and doesn’t have to be hashed out in arbitration, a federal judge ruled last month.

Morgan Stanley had tried to convince a judge that Schmell had consented to settling all disputes via arbitration — but Judge Anne Thompson would have none of it.

The bank said it sent Schmell an e-mail on Sept. 2, 2015, outlining new terms of employment — with a link to a Web page outlining the mandatory arbitration process.

Employees had to opt to avoid arbitration. Employees who didn’t opt out would be considered as accepting the terms merely by showing up for work the next day.

So, the bank argued, Schmell had accepted to hash out all disputes in arbitration — which would keep them private.

But Schmell said he never saw the e-mail — and since he started at Morgan Stanley in 2006, before the arbitration clause was in effect, he was exempt, he argued in court papers. Thompson agreed.

“The e-mail notification and Plaintiff’s continued employment cannot constitute notice and assent,” Thompson wrote.