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The Practice

A $40 million book-reassignment suit is a disability-leave warning

The complaint against Morgan Stanley shows why advisors should put leave policies and accommodation requests in writing before surgery.

A joint production agreement is meant to keep a book intact when a partner walks. Elizabeth Hobson says Morgan Stanley used hers as cover to move $40 million in client assets while she was out for spinal surgery.

Hobson, now at LPL Financial, filed the complaint Monday in federal court in North Carolina; AdvisorHub was first to report it. The complaint says accounts in a joint production arrangement with a former partner were directed to a male advisor in early 2024, after managers questioned whether Hobson could handle them following surgery. One $5 million household was returned after the client complained. By then, a $600,000 rollover had already been credited to the male advisor. A separate delayed credit on an insurance policy, she says, dropped her payout grid rate from 36% to 28%.

The 65-page complaint also says Morgan Stanley refused accommodations for her documented cervical spine condition — a standing desk, remote work, dedicated sales support — and quotes managers calling her "a girl" who could not handle the job. Hobson, a 14-year broker, says she won the firm's top-performer award in six of the previous seven years and led her complex in net new assets and client retention. Morgan Stanley says it will "vigorously defend" the claims.

A joint production agreement typically settles the split when a partner leaves; it rarely settles what happens when an advisor goes out on disability. That gap is where a firm's discretion operates, and discretion is what Hobson says was used against her. The accommodation requests she says she made for years, and the denials she says she received, form the record a disability claim requires. Read your own agreement. If it says nothing about medical leave, add the terms before surgery: who covers the book, how production credit is split, what accommodations are on file.

Sources & further reading
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