Denver, CO: John Roffino, a decorated, disabled veteran of the war in Afghanistan, filed motions in the United States Court of Appeals for the Fifth Circuit and Eleventh Circuit seeking to intervene in a case that could decide the future of the Federal Trade Commission’s (FTC) rule banning non-compete clauses in most employment contracts. Mr. Roffino is represented by Towards Justice and Fairmark Partners LLP and joined in his motions by Small Business Majority. Mr. Roffino’s declaration in support of those motions is available here.
John Roffino served over two years in Afghanistan as part of the U.S. Army’s Special Operations, earning a Bronze Star for his distinguished service. After returning to civilian life, he has dedicated himself to serving others, by providing medical devices to veterans after surgery. A restrictive non-compete agreement imposed by his former employer has prevented him from starting his own business to serve veterans, forcing him to leave his field and accept a significant pay cut.
The FTC rule banning non-compete clauses would free him from his non-compete, but special interests have challenged the rule in court, and the Trump Administration may drop the government’s defense of the rule after the administration change. Mr. Roffino seeks to intervene to defend the rule and make sure that the court hears directly from working people like him who are harmed by non-compete agreements—even if the Trump Administration seeks to let the rule die.
“When I learned about the non-compete provision in my employment contract, I thought ‘this is not the freedom I fought for in Afghanistan,’” Mr. Roffino said. “Non-compete agreements like mine block innovation and opportunity, punishing workers and small businesses while protecting large corporations. The FTC’s rule is critical to restoring fairness and freedom in the marketplace. I’m worried the next administration may abandon this rule. My voice—and the voices of so many others—deserve to be heard in this fight.”
David Seligman, attorney and Executive Director of Towards Justice, highlighted the importance of the proposed intervention: “The FTC’s non-compete rule is well within the agency’s authority and grounded in an expansive administrative record showing the harm these clauses inflict on workers and businesses. Given the strong indications that the incoming Trump Administration may abandon its defense of the rule, it’s essential that the people and businesses harmed by non-competes stand up to fight for the rule. We are committed to fighting for the rule in the appellate courts and before the Supreme Court if necessary—working people and businesses can’t trust the Trump Administration to protect the rule for us.”
“While we hope the government continues defending the non-compete rule, we’re prepared to take up this cause on behalf of all the workers and small business owners across America who deserve the economic freedom to make a living and pursue their dreams,” said Michael Lieberman of Fairmark Partners.
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