LAWSUIT AGAINST THE NFL

Following his departure from the 49ers in 2016, Kaepernick went unsigned through the off-season and 2017 training camps, leading to allegations that he was being blackballed because of his on-field political statements as opposed to his performance. The Seattle Seahawks brought Kaepernick in for a visit in May 2017, but did not work him out or offer a contract. Seahawks head coach Pete Carroll said, "He's a starter in this league. And we have a starter. But he's a starter in this league, and I can't imagine that someone won't give him a chance to play." The Baltimore Ravens considered signing Kaepernick as a backup to starting quarterback Joe Flacco before the 2017 season. According to former Raven Ray Lewis, the team did not go through with this after Kaepernick's girlfriend made comparisons of Ravens owner Steve Bisciotti to a slave owner, and Lewis his slave, in a tweet; Bisciotti reportedly believed the signing would result in heavy backlash and criticism from the general public, a claim that was refuted by the team. By August 2017, the statistics website FiveThirtyEight concluded that "it's obvious Kaepernick is being frozen out for his political opinions", calling it "extraordinary... that a player like him can't find a team", based on the observation that "no above-average quarterback [measured by the total quarterback rating] has been unemployed nearly as long as Kaepernick this offseason". The Seahawks set up another visit and workout with him in April 2018, but the team postponed it indefinitely after he would not say whether he would continue his national anthem protest or not.

In October 2017, Kaepernick filed a grievance against the NFL, accusing league owners of collusion to keep him out of the league. The NFL requested to dismiss the case but was denied by an arbitrator which meant the case would go to trial. On February 15, 2019, it was announced that Kaepernick reached a confidential settlement with the NFL and withdrew the grievance. In a related case, Eric Reid, who was the first to join Kaepernick in kneeling when they were 49ers teammates, also settled with the league. Reid had been unsigned for a stretch before joining the Carolina Panthers.

Before November 2019, Kaepernick had not had an NFL tryout since becoming a free agent. He continued working out five days a week, and stated publicly and privately that he wished to continue playing.

On November 12, 2019, the NFL set up a workout for him in Atlanta on Saturday, November 16. All 32 NFL teams were invited to attend the private session, which was to be closed to the media. It was to include an on-field workout and an interview, with videos of both to be sent to teams afterward. Aside from its scouting combine, the league rarely organizes workouts for all of its teams. Typically, NFL teams schedule workouts for Tuesdays, when head coaches and general managers can more readily attend. On Saturdays, teams are preparing for games the next day and travelling to away games. On November 16, about 30 minutes before the scheduled start of the workout, Kaepernick nixed the plans over concerns about the workout not being public and issues with the liability waiver the NFL asked him to sign. He instead moved to an Atlanta-area high school, where he held a public throwing session attended by scouts from seven NFL teams.

In an opinion piece published by The New York Times on November 22, 2019, Ta-Nehisi Coates said Kaepernick is "not fighting for a job" but that he is "fighting against cancellation".

In February 2019, it was reported that Kaepernick spoke with the Alliance of American Football and XFL about becoming a quarterback for them but wanted a guaranteed $20,000,000 per season. XFL quarterbacks were paid $250,000 per season while AAF quarterbacks were signed to an unguaranteed $250,000 over three seasons.

In June 2020, Seahawks head coach Pete Carroll said that he regretted not signing Kaepernick in 2017; however for the 2020 season, he would not be signing him and was happy with Geno Smith as the team's backup quarterback. Carroll indicated "someone is interested" in Kaepernick and that a team contacted him about Kaepernick to get some insight on him and Carroll said that it is the first time any team has contacted him since his 2017 meeting with Kaepernick.