James Damore files labor complaint
recode.net
recode.net
He's alleging that Google fired him due to the fact that he had previously made a complaint to the NLRB. I think it's going to be really hard to prove that he is being fired as retaliation because of his complaint, since the memo he sent out seems much more likely to be the cause.
NLRB complaints don't give you immunity from firing for all circumstances. They prevent employers from firing you because you complained.
“[P]olitical activities,” the California Supreme Court has stated, “cannot be narrowly confined to partisan activity,” but instead cover any activities involving the “espousal of a candidate or a cause,” including participating in broad social movements such as the gay rights movement."
http://fortune.com/2017/08/08/google-memo-legal/
California's protections are his best chance.
Link to Volokh paper: http://www2.law.ucla.edu/volokh/empspeech.pdf
I am and one thing you learn quickly in Law school is that you win cases not on the law but on facts, or rather your characterization of the facts. A good lawyer presenting facts in a way that they get through to a carefully selected jury can win almost any case that's based on a legally plausible claim.