David Couch v. Morgan Stanley & Co. Inc.

MEMORANDUM

. David Couch appeals the district court’s order granting summary judgment to Morgan Stanley & Co. Inc. and Morgan Stanley Smith Barney, LLC (together, “Morgan Stanley”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

From September 2007 to January 2013, Couch was employed as a Morgan Stanley Financial Advisor (“FA”), a position that Morgan Stanley treats as full-time. Morgan Stanley employees may not engage in certain activities outside the scope of their employment, including serving on a municipal board, without prior written approval. Before Couch began working at Morgan Stanley, Morgan Stanley approved Couch’s outside activity request to “run[ ] for and potentially serv[e]” on the Kern County Board of Supervisors (the “Board”).

In 2011, Couch began campaigning to be elected to the Board. In February 2012, Couch submitted a formal outside activity request to serve on the Board, which stated that the Supervisor position paid $100,000 a year and required 35 hours per week, 25 of them during business hours. Couch’s request triggered concerns by Morgan Stanley’s Human Resources and Legal Departments that Couch .would be unable to devote sufficient time…