Richmond v. Oneok, Inc., 120 F.3d 205 (10th Cir. 1997). · Go Syfert
Richmond v. Oneok, Inc., 120 F.3d 205 (10th Cir. 1997). Cases Citing This Book View Copy Cite
494 citation events (410 in the last 25 years) across 68 distinct courts.
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Amelia Merchant v. City of Roanoke
W.D. Va. · 2026 · confidence medium
Co., 237 F.3d 1248, 1253 (10th Cir. 2001)(“very close”); also citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)(3-month period sufficient); Hughes v. Derwinski, 967 F.2d 1168, 1174-1175 (7th Cir. 1992)(4-month period insufficient)).
discussed Cited as authority (rule) Kimberly S. Garcia v. University of Utah (2×)
D. Utah · 2026 · confidence medium
Dep’t of Mental Health, 41 F.3d 584 , 596 (10th Cir. 1994). 123 Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997). 124 Crane, 15 F.4th at 1313. not renew her contract.125 However, the parties dispute whether any causal connection exists between the protected conduct and the adverse employment actions.126 Though Garcia maintains she provides more evidence of retaliation than temporal proximity between her requests for accommodations and her non-renewal (specifically, the non- renewal itself and the abrupt stop of the reappointment review),127 the record does not support this content…
discussed Cited as authority (rule) Hayes v. GStek
5th Cir. · 2026 · confidence medium
In Breeden, the Supreme Court approvingly cited Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997), for the proposition that a three-month interval between an employee’s protected activity and an employer’s adverse action against that employee is not sufficient evidence of causation.
cited Cited as authority (rule) Joshua Johnson v. Parks-Floyd Investments, LLC d/b/a Village Lodge
D.N.M. · 2026 · confidence medium
Richmond v. ONEOK, Inc., 120 F.3d 205, 208 (10th Cir. 1997).
cited Cited as authority (rule) Diana L. Farrah v. City County of Denver
D. Colo. · 2026 · confidence medium
Health & Env’t, 557 F. App’x 728, 733 (10th Cir. 2014) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)).
discussed Cited as authority (rule) Melanie S. Call v. SHC Services, Inc.
D. Utah · 2026 · confidence medium
Home Loan Bank of Topeka, 464 F.3d 1164, 1171 (10th Cir. 2006). 71 Id. (quoting Garrett v. Hewlett–Packard Co., 305 F.3d 1210, 1221 (10th Cir. 2002)). 72 Id. 73 Id. at 1171–72. 74 Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997). plaintiff is relying on temporal connection, the question is whether the adverse employment action was “very closely connected in time.”75 Here, Ms. Call claims she was constructively discharged because a pattern of employer behavior made her continued employment intolerable.76 When evaluating temporal proximity and causation for a constructive disc…
cited Cited as authority (rule) Chatman v. Hegseth
E.D. Va. · 2025 · confidence medium
Co., 237 F.3d 1248, 1253 (C.A.10 2001) and citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (three-month period insufficient)).
cited Cited as authority (rule) Beltran v. Lockheed Martin Corporation
N.D. Tex. · 2025 · confidence medium
Dist. v. Breeden, 532 U.S. 268 , 273– 274 (2001) (per curium); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997); Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (7th Cir. 1992)).
cited Cited as authority (rule) Latture v. Priority Life Care, LLC
D.D.C. · 2025 · confidence medium
Dist. v. Breeden, 532 U.S. 268, 273 (2001) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)).
discussed Cited as authority (rule) Dietrich v. United Parcel Service
5th Cir. · 2025 · confidence medium
She has never contended that the three cover drivers had comparable “work rule violations” or “disciplinary records.” Sears v. Zions _____________________ Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)).
discussed Cited as authority (rule) Staton v. DeJoy
D. Colo. · 2025 · confidence medium
Co., 237 F.3d 1248, 1253 (10th Cir. 2001) (“Unless there is very close temporal proximity between the protected activity and the retaliatory conduct, the plaintiff must offer additional evidence to establish causation.”); Kenfield, 557 F. App’x at 733 (“Without other evidence, three or more months between the protected activity and the adverse action is insufficient to establish a causal connection.”) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)).
discussed Cited as authority (rule) Cartagena-Cordero v. R&L Carriers Shared Services, LLC (2×)
D. Conn. · 2024 · confidence medium
Co., 237 F.3d 1248, 1253 (10th Cir. 2001) (one-and-a-half-month period may be sufficient); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (three-month period insufficient); and Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (7th Cir. 1992) (four-month period insufficient)).
discussed Cited as authority (rule) Spatafore v. City of Clarksburg
N.D.W. Va. · 2024 · confidence medium
Va. Mar. 16, 2020) (finding a three-month lapse between FMLA leave approval and application for promotion insufficient); Clark County School Dist. v. Breeden, 532 U.S. 268, 273 (2001) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (finding a 3-month period insufficient)).
discussed Cited as authority (rule) GRABLE v. CP SECURITY GROUPS INC
M.D. Ga. · 2024 · confidence medium
“A prima facie case of FLSA retaliation requires a demonstration by the plaintiff of the following: ‘(1) [he] engaged in activity protected under [the] act; (2) [he] subsequently suffered adverse action by the employer; and (3) a causal connection existed between the employee's activity and the adverse action.’” Wolf v. Coca-Cola Co., 200 F.3d 1337 , 1342-43 (11th Cir. 2000) (quoting Richmond v. ONEOK, Inc., 120 F.3d 205, 208-09 (10th Cir. 1997)).
cited Cited as authority (rule) Newman v. Howard University School of Law
D.D.C. · 2024 · confidence medium
Id. (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)).
discussed Cited as authority (rule) Gandolfo v. Avis Budget Group, Inc.
D. Haw. · 2024 · confidence medium
Breeden, 532 U.S. at 273 -74 (citing Richmond v. Oneok, Inc., 120 F.3d 205, 209 (CA10 1997); Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (CA7 1992)).18 For purposes of a motion for summary judgment, a four- week period would be sufficient to support an inference of causation.
discussed Cited as authority (rule) Jones v. University of Utah
D. Utah · 2024 · confidence medium
Ctr., 163 F.3d 1186, 1194-95 (10th Cir. 1998)), while a “three-month period, standing alone, is insufficient to establish causation, id. (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)).
cited Cited as authority (rule) Sharpe-Miller v. Walmart, Inc.
D.N.M. · 2023 · confidence medium
Co., 237 F.3d 1248 1253 (C.A.10 2001); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (C.A.10 1997); Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (C.A.7 1992).
cited Cited as authority (rule) Brown v. USD 501 Topeka
D. Kan. · 2023 · confidence medium
Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997); cf. Ramirez v. Okla.
discussed Cited as authority (rule) Jordan v. Wichita, Kansas, City of
D. Kan. · 2023 · confidence medium
Dep’t of Mental Health, 41 F.3d 584 , 596 (10th Cir. 1994)); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (concluding that “three-month period between the [protected] activity and termination” did not establish a causal connection); see also Hinds v. Sprint/United Mgmt.
discussed Cited as authority (rule) Hanson v. Kennecott Utah Copper LLC
D. Utah · 2023 · confidence medium
Ctr., 163 F.3d 1186 , 1194–97 (10th Cir. 1998)). 113 Id. (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)). 114 Hanson Dep. 95:16–95:19. 115 Id. at 96:8–96:16, 98:23–99:6. 116 Id. at 113:13–113:16. 117 Termination Letter. “standing alone, is insufficient to establish causation.”118 As Mr. Hanson did not respond to this argument in his Opposition and there are no obvious objections to the specific points urged by Kennecott,119 the court concludes that there is no dispute of material fact, the record evidence does not establish causation for the purposes of Mr. H…
discussed Cited as authority (rule) Harrison v. Osawatomie State Hospital
D. Kan. · 2023 · confidence medium
Our Circuit has held that a “three-month period between the activity and termination, standing alone, does not establish a causal connection.” Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (determining that plaintiff lacked a causal connection); see also Coleman, 487 F. Supp. 2d at 1255–56 (holding that a four month period between protected activity and adverse action means “plaintiff’s protected activity was not closely followed by adverse action,” and “plaintiff may not rely on temporal proximity alone to establish causation”).
cited Cited as authority (rule) Porter v. Regents of the University of Colorado, The
D. Colo. · 2023 · confidence medium
Health & Env’t, 557 F. App’x 728, 733 (10th Cir. 2014) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir.1997)).
discussed Cited as authority (rule) Whitworth v. Mezrano
N.D. Ala. · 2023 · confidence medium
Even assuming that the trier of fact drew an inference from this dispute over whether Plaintiff and Adams discussed Mezrano’s inappropriate behavior and concluded that Adams was also lying about not having discussed Plaintiff’s complaints with Mezrano, Plaintiff cannot show a causal connection between her complaints and her termination for additional reasons that are discussed below. 19 1253 (10th Cir. 2001)); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (3-month period insufficient); Hughes v. Derwinski, 967 F.2d 1168, 1174-75 (7th Cir. 1992) (4-month period insufficient).
discussed Cited as authority (rule) McAnally v. Alabama Plumbing Contractor LLC (2×) also: Cited "see"
N.D. Ala. · 2023 · confidence medium
A prima facie case of FLSA retaliation requires a demonstration by the plaintiff of the following: “(1) she engaged in activity protected under [the] act; (2) she subsequently suffered adverse action by the employer; and (3) a causal connection existed between the employee's activity and the adverse action.” Richmond v. ONEOK, Inc., 120 F.3d 205, 208-09 (10th Cir. 1997).
discussed Cited as authority (rule) Blake v. Recovery Network of Programs, Inc.
D. Conn. · 2023 · confidence medium
Co., 237 F.3d 1248, 1253 (10th Cir. 2001) (one-and-a-half-month period may be sufficient); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (three-month period insufficient); and Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (7th Cir. 1992) (four-month period insufficient)).
discussed Cited as authority (rule) Cooper v. Mr. Timmins
D. Maryland · 2022 · confidence medium
Dist., 532 U.S. at 274 (“action taken (as here) 20 months later suggests, by itself, no causality at all.”); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (three-month period insufficient); Hooven-Lewis v. Caldera, 249 F.3d 259, 278 (4th Cir. 2001) (“A six-month lag is sufficient to negate any inference of causation.”); Hughes v. Derwinski, 967 F.2d 1168 , 1174–75 (7th Cir. 1992) (four-month period insufficient).9 “Plaintiff[] fail[s] to point to any factual allegations that would give rise to an inference of retaliatory causation beyond bare assertions devoid of furt…
discussed Cited as authority (rule) Noakes v. Department of Homeland Security
E.D. La. · 2022 · confidence medium
While the Supreme Court has approvingly cited a case holding that a three-month gap is insufficient to show causation, Breeden, 532 U.S. at 273–74 (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (C.A.10 1997)), the Fifth Circuit has held that a period of approximately two months between the protected activity and the adverse employment action is sufficient temporal proximity “to show causal connection for purposes of a prima facie case.” Outley v. Luke & Assocs., Inc., 840 F.3d 212, 219 (5th Cir. 2016); see also Garcia v. Pro.
discussed Cited as authority (rule) Noakes v. Department of Homeland Security
E.D. La. · 2022 · confidence medium
While the Supreme Court has approvingly cited a case holding that a three-month gap is insufficient to show causation, Breeden, 532 U.S. at 273–74 (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (C.A.10 1997)), the Fifth Circuit has held that a period of approximately two months between the protected activity and the adverse employment action is sufficient temporal proximity “to show causal connection for purposes of a prima facie case.” Outley v. Luke & Assocs., Inc., 840 F.3d 212, 219 (5th Cir. 2016); see also Garcia 32 The Supreme Court, in promulgating the above definition in Burl…
discussed Cited as authority (rule) Goodson v. Brennan
D. Colo. · 2022 · signal: cf. · confidence medium
See Anderson, 181 F.3d at 1179 (observing that the Tenth Circuit has held that “a one and one-half month period between protected activity and adverse action may, by itself, establish causation”); cf. Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (affirming the district court’s holding that a “three-month period between the activity and termination, standing alone, does not establish a causal connection”).
discussed Cited as authority (rule) Boska v. Wayfair
D. Utah · 2022 · confidence medium
Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (noting that a three-month period, without additional evidence, may not support a finding of causation). 2) Causal Connection for Boska In Boska’s case, her last FMLA-related request occurred on September 11, 2017, over a year before her termination.
cited Cited as authority (rule) Levier v. C B & I L L C
W.D. La. · 2022 · confidence medium
Breeden, 532 U.S. 268, 274 (2001) (quotations omitted) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)).
discussed Cited as authority (rule) Bandokoudis v. Entercom Kansas City, LLC
D. Kan. · 2022 · confidence medium
Viewing the facts in the light most favorable to the non-moving party, the Court agrees that a reasonable factfinder could conclude that Defendant’s actions closely following Plaintiff’s 59 See id. (“By contrast, we have held that a three-month period, standing alone, is insufficient to establish causation.”) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997)). 60 See Marx v. Schnuck Mkts., 76 F.3d 324, 329 (10th Cir. 1996). discrimination complaint constituted a pattern of retaliatory conduct, ultimately culminating in the non-renewal of Plaintiff’s contract.
discussed Cited as authority (rule) Lanzrath v. Pipeline Technology Company
D. Kan. · 2022 · confidence medium
Cir., 163 F.3d 1186 (10th Cir. 1998)), wth Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (holding a three-month period in retaliation case was insufficient to establish a causal connection).
discussed Cited as authority (rule) Barnett v. City of Opa-Locka
S.D. Fla. · 2022 · confidence medium
To plead a FLSA retaliation claim, a plaintiff must allege that: “(1) she engaged in activity protected under the act; (2) she subsequently suffered adverse action by the employer; and (3) a causal connection existed between the employee’s activity and the adverse action.” Wolf v. Coca-Cola Co., 200 F.3d 1337 , 1342-43 (11th Cir. 2000) (quoting Richmond v. ONEOK, Inc., 120 F.3d 205, 208-09 (10th Cir. 1997)) (alteration adopted).
cited Cited as authority (rule) Lira v. Edward Jones Investments
W.D. Tex. · 2022 · confidence medium
Dist. v. 14 Breeden, 532 U.S. 268 273-274 (2001) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (concluding that a three-month period was insufficient).
cited Cited as authority (rule) Martin v. Delta County Memorial Hospital District
D. Colo. · 2021 · confidence medium
Colo. 2016) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 208 (10th Cir. 1997)).
discussed Cited as authority (rule) Keonta Fisher v. Bilfinger Industrial Svc
5th Cir. · 2021 · confidence medium
Co., 237 F.3d 1248, 1253 (10th Cir. 2001); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (3 month period insufficient); Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (7th Cir. 1992) (4 month period insufficient)).
discussed Cited as authority (rule) Painter v. Midwest Health, Inc. (2×)
D. Kan. · 2021 · confidence medium
What counts as “closely follows?” Our Circuit has held that a three month interval between protected activity and adverse action, “standing alone,” is too distant to “establish causation.” Id. (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (affirming grant of summary judgment against retaliation claim because three month gap was too attenuated to support a triable issue over causal connection to protected activity)). 19 Plaintiff’s first complaint—the one she made to Ms. Bell near the end of 2016 or during early 2017—is different.
discussed Cited as authority (rule) Gupta v. Oklahoma City Public Schools
W.D. Okla. · 2021 · confidence medium
(Dkt. 48) at 20–23. 33 See Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (three-month period between engagement in protected activity and adverse employment action does not establish causation alone for FLSA retaliation claim); Foster v. Mountain Coal Co., LLC, 830 F.3d 1178, 1191 (10th Cir. 2016) (quoting Anderson v. Coors Brewing Co., 181 F.3d 1171, 1179 (10th Cir. 1999)) (one and one-half month period between engagement in protected activity and adverse employment action may establish causation for ADA retaliation claim); Bragg v. Off. of the Dist.
discussed Cited as authority (rule) Fisher v. Bilfinger Industrial Srv
5th Cir. · 2021 · confidence medium
Co., 237 F.3d 1248, 1253 (10th Cir. 2001); Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (3 month period insufficient); Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (7th Cir. 1992) (4 month period insufficient)).
cited Cited as authority (rule) Porter v. Staples, The Office Superstore
D. Utah · 2021 · confidence medium
Id. (citing Richmond v ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997).
cited Cited as authority (rule) Clark v. Vivint Solar
D. Utah · 2020 · confidence medium
Id. (citing Richmond v ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997).
discussed Cited as authority (rule) John Besser v. Texas General Land Office
5th Cir. · 2020 · confidence medium
Dist. v. Breeden, 532 U.S. 268, 273-74 (2001) (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (concluding that a three-month period was insufficient)). 12 Case: 18-50291 Document: 00515624531 Page: 13 Date Filed: 11/03/2020 No. 18-50291 employment decision, standing alone, is not within the “very close” proximity that is necessary to establish causation.
discussed Cited as authority (rule) Charney v. United Airlines, Inc. (2×)
D. Colo. · 2020 · confidence medium
Id. at *8 (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (applying McDonnell-Douglas to the plaintiff’s FLSA and FMLA retaliation claims); Marx v. Schnuck Markets, Inc., 76 F.3d 324, 329 (10th Cir. 1996) (applying “motivating factor” test to the plaintiff’s FLSA retaliation claim)).
discussed Cited as authority (rule) Washington v. U.S. Bancorp Investments, Inc.
D. Kan. · 2020 · confidence medium
“A causal connection is established where the plaintiff presents ‘evidence of circumstances that justify an inference of retaliatory motive, such as protected conduct closely followed by adverse action.’ ”54 “However, unless the termination is very closely connected in time to the protected activity, the plaintiff must rely on additional evidence beyond temporal proximity to establish causation.”55 Because Washington made her discrimination complaint over nine months before her termination, temporal proximity alone cannot establish her prima facie case of retaliation.56 Thus, Washi…
discussed Cited as authority (rule) Etheridge v. Board of Trustees of the Univeristy of West Alabama, The (2×) also: Cited "see"
N.D. Ala. · 2020 · confidence medium
A prima facie case of FLSA retaliation requires a demonstration by the plaintiff of the following: “(1) she engaged in activity protected under [the] act; (2) she subsequently suffered adverse action by the employer; and (3) a causal connection existed between the employee's activity and the adverse action.” Richmond v. ONEOK, Inc., 120 F.3d 205, 208-09 (10th Cir. 1997).
cited Cited as authority (rule) Donaldson v. Coca-Cola Refreshments USA, Inc.
D. Conn. · 2020 · confidence medium
Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (3– month period insufficient); Hughes v. Derwinski, 967 F.2d 1168 , 1174–1175 (7th Cir. 1992) (4–month period insufficient)).
discussed Cited as authority (rule) Jackson v. Spring Valley Health Care, LLC
D. Nev. · 2020 · confidence medium
Dist. v. Breeden, 532 U.S. 268, 273 (2001). 20 52 Id. (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997); Hughes v. Derwinski, 967 F.2d 1168 (7th Cir. 1992)). 21 53 Id. 22 54 ECF No. 24 at 19–20. 55 ECF No. 21-2 at 27. 23 56 See Clark Cnty.
discussed Cited as authority (rule) Lott v. Oklahoma City City of
W.D. Okla. · 2020 · confidence medium
Oklahoma City explains that Plaintiff was terminated for violating policies and rules that came to light in the January investigation.77 Oklahoma City states that Plaintiff was terminated because “she lied, she cannot work with others, she neglected her duties, and she made frivolous and slanderous statements against fellow employee.”78 For evidentiary support, Oklahoma City cites a 75 See Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir. 1997) (three-month period between engagement in protected activity and adverse employment action does not establish causation alone for FLSA retaliat…
Retrieving the full opinion text from the archive…
Lia Lea RICHMOND, Plaintiff-Appellant
v.
ONEOK, INC., Defendant-Appellee
96-6228.
Court of Appeals for the Tenth Circuit.
Jul 23, 1997.
120 F.3d 205
Larry D. Henry (Rebecca Brett and Patrick W. Cipolla with him on the brief), Gable, Gotwals, Mock, Schwabe, Kihle & Gaberino, Tulsa, OK, for Defendant-Appellee.
Tacha, Baldock, Kelly.
Cited by 362 opinions  |  Published
PAUL KELLY Jr., Circuit Judge.

Plaintiff Lia Lea Richmond filed this action against Defendant ONEOK, Inc., alleging that her employment with ONEOK was terminated in retaliation for her assertion of rights under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, and the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. She also claimed that the termination breached an implied contract of employment, or in the alternative, that her whistleblowing activities created an exception to the at-will employment contract she had with ONEOK. On summary judgment, the district court ruled against Ms. Richmond on all but one limited claim. Ms. Richmond subsequently filed a motion for entry of final judgment under Fed.R.Civ.P. 54(b), agreeing to dismiss the remaining claim if on appeal the summary judgment against her is affirmed. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

Facts

Ms. Richmond began working as a secretary at ONEOK in 1984 and continued until her termination in July 1994. During that time her employment was at will. While employed at ONEOK, Ms. Richmond was given an employee handbook, which permitted discretion in imposing discipline. [1] Both[*208] the introduction to the discipline section, as well as the introduction to the handbook, contained a clear statement that the employment relationship between ONEOK and its employees was at will.

In 1991, Ms. Richmond was assigned to ONEOK’s Oklahoma City claims department as an administrative secretary. From 1992 to April 1994, several performance issues arose, with Ms. Richmond’s supervisor documenting what he considered to be unacceptable performance.

In April 1994, Ms. Richmond’s supervisor refused to approve her claim for overtime pay under FLSA. She went to the personnel department to resolve the dispute, and also notified the department that her supervisor had engaged in “illegal and unethical conduct.” She was apparently referring to the fact that she had seen her supervisor’s 1993 federal income tax return, which did not reflect any income other than his salary earned at ONEOK. Ms. Richmond claims that her supervisor threatened to terminate her when he heard of her accusation. On April 20, 1994 — two days after the personnel department resolved the overtime dispute in her favor — Mrs. Richmond was placed on a one-day suspension for poor work performance.

Upon her return, Ms. Richmond’s supervisor required her to sign a confidentiality statement regarding work-related issues. She considered this action retaliatory in nature, and reported the statement to the personnel department. On June 1, Ms. Richmond took leave to care for her daughter, who had chicken pox. Although she did not invoke FMLA at the time, she now claims that her leave fell within the act. When she returned on June 6, she was again placed on a one-day suspension for unsatisfactory performance. Mrs. Richmond was again on leave from July 2, 1994 until July 17, 1994. When she returned, she was terminated.

Discussion

We review the grant of summary judgment de novo, and apply the same legal standard used by the district court under Rule 56(c). United States v. City and County of Denver, 100 F.3d 1509, 1512 (10th Cir.1996). Summary judgment is appropriate if “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). A disputed fact is “material” if it might affect the outcome of the suit under the governing law, and the dispute is “genuine” if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). We construe the factual record and reasonable inferences therefrom in the light most favorable to the nonmovant. Gaylor v. Does, 105 F.3d 572, 574 (10th Cir.1997).

I. Retaliation Claims

We review Ms. Richmond’s retaliation claims under the analytical framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973). See Morgan v. Hilti, Inc., 108 F.3d 1319, 1323 (10th Cir.1997). Under that standard, the plaintiff initially must establish a prima facie case. Id. The burden then shifts to the employer to offer a legitimate non-retaliatory reason for the plaintiffs termination. Id. If the employer offers such a reason, the burden then shifts back to the plaintiff to show that “ ‘there is a genuine dispute of material fact as to whether the employer’s proffered reason for the challenged action is pretextual.’ ” Id. (quoting Randle v. City of Aurora, 69 F.3d 441, 451 (10th Cir.1995)).

In order to establish a prima facie claim for FLSA or FMLA retaliation, a plaintiff must show that: (1) she engaged in activity protected under either act; (2) she subsequently suffered adverse action by the employer; and (3) a causal connection exist[*209] ed between the employee’s activity and the adverse action. Archuleta v. Colorado Dep’t of Institutions, 936 F.2d 483, 486 (10th Cir.1991). A plaintiff can demonstrate pretext by showing “weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer’s ... reasons for its action,” which “a reasonable factfinder could rationally find ... unworthy of credence.” Morgan, 108 F.3d at 1323 (citations and internal quotations omitted). Mere conjecture that the employer’s reason is pretext, however, will not defeat a motion for summary judgment. Id.

A. FLSA retaliation claim

Ms. Richmond claims that a suspension in April 1994 and her ultimate termination in July 1994 were in retaliation for her claim to overtime pay under FLSA. The district court denied ONEOK’s summary judgment on the issue of whether the suspension was retaliatory. [2] The court granted summary judgment as to the termination, however, holding that the three-month period of time between her protected activity and termination was insufficient to establish a causal connection. See Archuleta, 936 F.2d at 486. Ms. Richmond contends that the district court’s ruling directly contradicts the Tenth Circuit’s panel decision in Marx v. Schnuck Markets, Inc., 76 F.3d 324 (10th Cir.), cert. denied, — U.S. --, 116 S.Ct. 2552, 135 L.Ed.2d 1071 (1996). We disagree.

We note first that Ms. Richmond mischar-aeterizes the district court’s holding. The court did not hold, as Ms. Richmond argues, that the three-month period between the protected activity and her termination destroyed any causal connection. Rather, the district court held that the three-month period between the activity and termination, standing alone, does not establish a causal connection. This is not inconsistent with Marx. The court in Marx held only that, while retaliatory intent may be inferred from adverse action which “closely followed” the plaintiff’s protected activity, “the phrase ‘closely followed’ must not be read too restrietively where the pattern of retaliatory conduct begins soon after the filing of the FLSA complaint and only culminates later in actual discharge.” 76 F.3d at 329 (emphasis added). Here, there is no pattern based on a single request for overtime pay; hence, Ms. Richmond has not established a causal connection.

B. FMLA retaliation claim

Ms. Richmond also claims that her suspension in June and termination one month later were in retaliation for her use of FMLA leave. The district court granted summary judgment against Ms. Richmond on her FMLA claim, holding that the reason for which she took leave — her daughter’s chicken pox — was not a “serious health condition” within the meaning of FMLA and that she failed to give ONEOK adequate notice that she intended to take FMLA leave. We affirm the district court’s decision on other grounds. See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, 513 U.S. 1152, 115 S.Ct. 1104, 130 L.Ed.2d 1071 (1995).

Assuming without deciding that Ms. Richmond proved a prima facie ease of FMLA retaliation, she did not carry her burden of showing that ONEOK’s proffered reasons for her dismissal were pretextual. ONEOK’s stated reason for Ms. Richmond’s suspension and discharge was deficient work performance. Ms. Richmond’s supervisor, in fact, documented fifteen incidents between February 1991 and March 1994 which demonstrated her poor work performance; Ms. Richmond acknowledged that each of these incidents occurred, but denied any fault. Moreover, Ms. Richmond herself kept a diary which detailed 23 separate incidents, many of which also demonstrated her poor performance.

Ms. Richmond responds that ONEOK’s proffered reason is pretextual because she did not receive any “documented counseling” regarding her poor performance pursuant to the handbook. The mere fact that each incident of deficient work was not “documented” does not address the inherent performance[*210] issues. Ms. Richmond failed to show that ONEOK’s proffered reason for her dismissal was one which a rational jury could find “unworthy of credence.” Morgan, 108 F.3d at 1323.

II. Implied Contract

Ms. Richmond next claims that ONEOK’s employee policy manual created an implied contract, giving her the right to be disciplined progressively and to be terminated only on grounds provided in the manual. The district court granted summary judgment against Ms. Richmond on this claim, holding that the employee manual did not create an implied contract. We agree.

Under Oklahoma law, an employment contract of indefinite duration may be terminated at will by either party. Burk v. K-Mart Corp., 770 P.2d 24, 26 (Okla.1989). However, at-will employment may, under some circumstances, be converted by implied contract to employment which may only be terminated on certain grounds. Dupree v. United Parcel Serv., Inc., 956 F.2d 219, 222 (10th Cir.1992). The employee’s implied contract claim “must be reasonable under an objective standard, not merely the subjective belief of the employee.” Hayes v. Eateries, Inc., 905 P.2d 778, 784 (Okla.1995).

Ms. Richmond claims that ONEOK’s policy manual created an implied contract, and argues, relying upon Johnson v. Nasca, 802 P.2d 1294 (Okla.Ct.App.1990), that the clear and unambiguous disclaimers contained in ONEOK’s handbook do not prevent the finding of an implied contract. The court in Johnson held that despite the disclaimers contained in the handbook, “when viewed in conjunction with a pattern [or] practice indicating the adoption and consistent use of these procedures, [the handbook] may lead reasonable minds to differing conclusions about the existence of implied contractual rights to use of the procedures.” Id. at 1297 (emphasis added). Here, the record is devoid of any evidence indicating such a “pattern or practice.” The manual does not mandate that progressive discipline be imposed, but only states that such discipline may be imposed, at the supervisor’s discretion. No reasonable employee could view the handbook as creating an implied contract.

III. Public Policy Exceptions to At-Will Employment

Finally, Ms. Richmond argues that her discharge was in violation of public policy. Oklahoma law recognizes an exception to the at-will employment relationship when “the discharge is contrary to a clear mandate of public policy as articulated by constitutional, statutory or decisional law.” Burk, 770 P.2d at 28. The Burk exception to at-will employment, however, is a narrow one, and is to be “tightly circumscribed.” Id. at 28-29. Ms. Richmond claims that her discharge was in violation of the public policies expressed in FLSA, FMLA, and state whistleblowing protections. The district court held that her discharge was not contrary to a clear mandate of Oklahoma public policy.

With respect to Ms. Richmond’s Burk claims based on FLSA and FMLA, we have already held that she has no claim under either of those acts. Even if she had valid claims under those acts, however, this circuit has already ruled that Burk claims must have their basis in Oklahoma state law, McKenzie v. Renberg’s, Inc., 94 F.3d 1478, 1487 (10th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1468, 137 L.Ed.2d 682 (1997). Ms. Richmond has failed to produce, nor have we found, any Oklahoma law which would apply FLSA or FMLA to Ms. Richmond’s situation. Moreover, even if there were such a law, we note that Ms. Richmond’s Burk claim might still be barred if that law provided adequate remedies. See List v. Anchor Paint Mfg. Co., 910 P.2d 1011, 1013-14 (Okla.1996).

We similarly reject Ms. Richmond’s claim that Oklahoma law provides an exception to at-will employment on the basis of her “internal whistleblowing” — that is, her reports to ONEOK’s personnel office of her supervisor’s “illegal and unethical activity.” This court has already held that there is no clear mandate of Oklahoma public policy against terminating employees for whistle-blowing activity. Burk v. K Mart Corp., 956 F.2d 213, 214 (10th Cir.1991) (finding no[*211] clear mandate in Oklahoma law against termination for whistleblowing).

AFFIRMED.

1

. The handbook stated in relevant part:

DISCIPLINE
It is the responsibility of the Company to make reasonable, work-related rules and regulations pertaining to conduct, safety, job performance, attendance, and production. It is the responsibility of the employees to maintain regular attendance and acceptable job performance and to follow all other work-related rules made known to them. The employment relationship is at will and may be terminated by the employee or the Company at any time for any reason, with or without notice.
In the event that an employee has a problem with complying with these rules, it is the responsibility of the supervisor to initiate appropriate discipline. Depending on the nature and seriousness of the violation and the past work record of the employee, discipline may begin with reminder counseling or disciplinary counseling or decision-making leave or termination. Continued inability or unwillingness[*208] lo adhere to work rules during any stage of this discipline procedure will result in termination. Each type of discipline will be documented by the supervisor and shown to and signed by the employee to acknowledge that he or she has read the documentation....

Aplt.App. at 300-01.

2

. Although ONEOK spends part of its brief arguing that the suspension was not retaliatory, we note that ONEOK has not cross-appealed the district court’s denial of summary judgment as to Ms. Richmond’s suspension.