How Lawyers Work

I went through a union grievance first, and now lawyers aren’t interested

Went through a union grievance and now no lawyer will take your case? Contract claims, arbitration, and federal labor law complicate things — but your statutory rights may be separate.

By Brandon Burns · Authorized Justice Practitioner · 5 min read · 943 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.

Union grievances run on their own track with their own rules — several of which make private employment lawyers wary, even when you have a separate statutory claim.

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.
A union grievance handles your rights under the labor contract, which is a separate track from statutory rights like discrimination — and several features of that track make private lawyers cautious. Grievances often must go through arbitration, certain contract-based claims are governed by federal labor law, and the deadlines are short. But statutory claims such as discrimination generally aren’t given up by using the grievance process, so you may still have a separate path.

Why the union route complicates a private case

Several features of the union process give private employment lawyers pause, and none of them are a knock on your claim:

  • Arbitration. Contract disputes under a collective bargaining agreement usually must go through the grievance-and-arbitration procedure, which is the bargained-for remedy.
  • Federal preemption. Section 301 of the Labor Management Relations Act (29 U.S.C. § 185) governs suits on the contract and can preempt state-law claims that require interpreting the agreement — a complication a lawyer has to weigh.
  • The duty of fair representation. The union, not you, often controls the grievance, and how the union handled it is governed by the duty of fair representation, which carries a short filing window of its own.

Your statutory rights may be separate

Importantly, using the grievance process generally does not waive your statutory rights — a discrimination claim under federal or state law is independent of the contract claim, so you may still be able to file an EEOC or state-agency charge within its deadline. (Some contracts include arbitration provisions that can affect where a statutory claim is heard, so the specifics matter.) The practical point: the grievance outcome doesn’t necessarily end your options. No lawyer will take my case has the broader picture.

How Thurgood can help

Thurgood’s Authorized Justice Practitioners represent workers in the statutory agency process — before the EEOC, the Department of Labor, and state agencies — which is a different track from a contract grievance. We start by confirming what deadlines apply to your statutory claim.

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

Thurgood works on a smaller retainer and a contingency scaled to administrative representation, with exact terms in your agreement and varied to the matter.

Get an unbiased read with CaseFile AI

Unsure whether you still have a separate claim after the grievance? 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.

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If your case holds up, the consultation is free

The contract process and your statutory rights aren’t the same thing. 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

Can I still file a discrimination charge after a union grievance?
Generally yes. Statutory discrimination rights are usually independent of a contract grievance, so you may still file an EEOC or state-agency charge within its deadline. Some collective bargaining agreements include arbitration provisions that can affect where a statutory claim is heard, so the specifics matter.
Why won’t a lawyer take my case after a union grievance?
Union matters involve arbitration, possible federal preemption under LMRA Section 301, and the duty of fair representation with its short deadline. Those complications make some private lawyers cautious, independent of how strong your underlying claim is.
Does the union grievance replace an EEOC charge?
No. A grievance addresses rights under the labor contract; an EEOC charge addresses statutory rights like discrimination. They are separate processes with separate deadlines.
What is the duty of fair representation?
It’s the union’s legal obligation to represent members fairly in handling grievances. Claims that a union breached this duty have a short filing window, which is part of why timing matters in union cases.
Can Thurgood help union members?
Yes. Thurgood represents workers in the statutory agency process, which is a separate track from a contract grievance, and starts by confirming the deadlines that apply to your statutory claim.

Agencies & legal authorities

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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