How Lawyers Work

Lawyers said my case is too small

Told your wrongful termination case is too small for a lawyer? Here is what that really means, why it happens, and how to pursue a smaller claim through the agency process.

By Brandon Burns · Authorized Justice Practitioner · 5 min read · 945 words · Updated Jun 7, 2026
This article describes a representation framework, not legal advice. Information provided does not constitute legal advice and does not create an attorney-client relationship.

“Too small” is about the economics of litigation, not about whether your rights were violated.

General information, not legal advice. Thurgood’s Authorized Justice Practitioners are not attorneys and don’t represent clients in court. If working with an attorney is the right fit for you, that is a path worth taking — this article simply explains how the options compare.
When a lawyer says your case is “too small,” it generally refers to the economics of litigation — the likely recovery measured against the cost and time of a lawsuit — not to whether your rights were violated. Contingency firms need a case to clear a recovery level that makes a multi-year lawsuit viable, and many valid claims fall below that line. Those same claims can still be pursued through a government agency, where the size of your damages doesn’t decide whether you get representation.

What “too small” actually measures

A “too small” decline is a statement about litigation economics, not merit. Because most employee-side lawyers work on contingency — fronting the cost and time of a case and being paid only from the recovery — a claim has to be large enough that the firm’s share can support the work a lawsuit requires. A modest salary, a quick return to work, a small employer, or limited provable damages can put a real violation below that line. What makes employment lawyers take a case walks through the full set of factors.

It may still be a strong claim

None of that means you weren’t wronged. The agencies that enforce employment law — the EEOC, your state civil-rights agency, the Department of Labor — evaluate claims on the law, not on dollar value. You can file a charge yourself at no cost, use free agency mediation, or have a representative carry it for you. And if you find an attorney whose model fits a smaller case, that is worth taking too.

Where Thurgood fits

Thurgood is built for exactly this. Our Authorized Justice Practitioners represent workers before the agencies rather than in court — a more efficient, lower-cost route designed to reach a broad range of workers, not only the high-value cases a litigation model depends on.

90%+

More than 90% of the workers Thurgood represents were first turned away by a law firm — or never approached one at all.

Source: Thurgood client data

The agency process costs less to carry than litigation, so the economics that make a case “too small” for a courtroom look different here. Thurgood works on a smaller retainer and a contingency scaled to administrative representation, with exact terms set in your agreement and varied to the matter.

Get an unbiased read with CaseFile AI

Want to know whether your “small” case is actually worth pursuing? CaseFile AI walks through your situation the same way an intake specialist would — the facts, the timeline, the deadlines that apply to you — and tells you plainly whether there is a claim worth pursuing, with no commission riding on the answer.

Run my situation through CaseFile AI

If your case holds up, the consultation is free

Case size doesn’t decide whether it deserves a serious look. When CaseFile AI flags a viable claim, you are matched with a Thurgood Authorized Justice Practitioner for a free consultation — a real person who can explain your options and, if it fits, represent you before the agency. No charge to find out where you stand.

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Frequently asked questions

What does it mean when a lawyer says my case is too small?
It generally means the likely recovery wouldn’t support the cost and time of a lawsuit under a contingency arrangement — not that your rights weren’t violated. Modest damages, a small employer, or a quick return to work can put a valid claim below a firm’s threshold.
Is a small wrongful termination case still worth pursuing?
It can be. The agencies that enforce employment law evaluate claims on the law rather than on damage size, so a claim a litigation firm passes on can still be pursued through the agency process or with a non-attorney advocate.
Can I file a small employment claim without a lawyer?
Yes. Filing a charge with the EEOC or a state civil-rights agency is free and open to you regardless of how large your damages are, and agency mediation is also free.
Does the EEOC reject small cases?
The EEOC does not screen charges by dollar value the way a contingency firm does; it assesses whether the law was violated. Filing deadlines still apply — generally 180 days, or 300 in states with their own fair-employment agency.
How does Thurgood handle smaller cases?
Thurgood represents workers through the administrative agency process, a lower-cost route than litigation, and is built to reach a broad range of workers — including cases a litigation model treats as too small.

Agencies & legal authorities

Primary law

Related reading

Not legal advice. Thurgood is an employee-advocacy firm whose Authorized Justice Practitioners represent workers in claims before government agencies such as the EEOC, the U.S. Department of Labor, and state civil-rights and labor agencies. Thurgood practitioners are not attorneys and do not provide legal advice or represent clients in court. This article is general information about how the employment-law market works, not advice about your specific situation, and it makes no promise about the outcome of any claim.

Categories How Lawyers Work