Can a Doctor Be Fired for Reporting Patient Safety Concerns?
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In California, employers generally may not retaliate against employees for reporting conduct they reasonably believe violates the law, including certain patient-safety concerns, or for making legally protected complaints about harassment or discrimination. Whether Dr. Sue Kim engaged in protected activity and was fired because of it is among the issues raised by her lawsuit.
Case: Sue Kim v. One Medical Group, Inc.
Court: Superior Court of California, County of Santa Clara
Case No.: 26CV489649
Kim, a primary care physician who worked for Amazon-owned One Medical for more than a decade. In March 2026, Kim filed a wrongful termination lawsuit in Santa Clara County Superior Court alleging the company retaliated after she reported harassment, discrimination, and patient safety concerns. One Medical disputes her account and says it fired her for workplace conduct.
Who Is Dr. Sue Kim?
Sue Kim, MD, is a primary care physician who spent more than a decade at One Medical. According to the San Francisco Standard’s report on her complaint, she worked at a One Medical office that closed in 2024 and then moved to a clinic in Palo Alto. She later became medical director of two Palo Alto clinics. Kim says she received positive performance reviews and high ratings throughout her time at the company.
What Does Dr. Kim Allege Happened at One Medical?
In the complaint, Kim alleges she clashed with an operations manager. She claims the operations manager publicly undermined her and turned staff against her. In May 2025, she filed a formal complaint about what she describes as demeaning treatment amounting to illegal harassment. In July 2025, she filed a second complaint raising good-faith concerns about patient safety, training gaps, and inconsistent clinical policies.
She alleges One Medical responded by launching an investigation into her own management, which she describes as retaliatory and designed to discredit her rather than address her reported safety concerns. On August 27, 2025, Kim claims she was told her behavior created a toxic working environment. The company fired her and escorted her from the workplace the same day. Kim’s complaint also claims discrimination and harassment.
How Is Amazon One Medical Responding?
Citing it as a “personnel matter,” Amazon declined to respond with any specifics. However, the company disputes the allegations, saying Kim was not fired for raising safety concerns. A company spokesperson said it investigates concerns, takes appropriate action, and does not retaliate against employees who raise them. In a separate statement, the company said its investigation found no safety issues, that patients received quality care, and that this is a workplace conduct matter despite attempts to frame it otherwise.
What Has the Court Decided So Far?
The first hearing was scheduled for August 27, 2026, and the case is still pending.
Why Does Dr. Kim’s Case Matter to California Employees?
This case was filed in Santa Clara County, and it describes an experience many California workers recognize: raising a concern, then facing scrutiny yourself. Under Labor Code section 1102.5, employers cannot retaliate against employees who report what they reasonably believe is a violation of law to a supervisor or another person with authority to investigate. California’s Fair Employment and Housing Act separately protects employees who complain about harassment or discrimination.
A 2022 California Supreme Court decision, Lawson v. PPG Architectural Finishes, set out how these whistleblower claims work. A worker has to show that the report was a contributing factor in the firing. The burden then shifts to the employer to prove by clear and convincing evidence that it would have taken the same action anyway for legitimate reasons. That is a demanding standard.
Investigations deserve a note as well. Employers are supposed to look into complaints, and they can also look into an employee’s conduct. But when an investigation of the person who complained begins right after the complaint, that timing can be evidence of retaliation, depending on the facts. Health care workers who see safety problems often feel obligated to report them. California law is intended to protect health care workers from retaliation when they make legally protected reports, while still allowing employers to take employment actions for legitimate, independent reasons.
Frequently Asked Questions
Q: What is whistleblower retaliation?
A: It happens when an employer fires, demotes, or otherwise punishes an employee for reporting what the employee reasonably believes is a violation of law. California law prohibits it.
Q: Do I have to be right about the violation to be protected?
A: No. California protects employees who reasonably believe they are reporting a violation. The report does not have to be proven correct for the employee to be protected from retaliation.
Q: Can an employer investigate me after I file a complaint?
A: An employer can investigate legitimate concerns about an employee’s conduct. But an investigation that begins right after a complaint and targets the person who complained can raise questions about retaliation, and the details matter.
Q: Are harassment complaints protected even if the employer finds no violation?
A: Generally, yes. Employees who make good-faith complaints of harassment or discrimination are protected from retaliation even if the employer’s investigation does not reach the same conclusion.
Do you have questions about a whistleblower retaliation or wrongful termination claim in California? Please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, and Los Angeles.
