The lack of interview notes favors plaintiff’s version of events.

“In response to Defendants’ claim that De La Cruz was only temporarily filling the fulltime position, De La Cruz insists that Diaz actually hired her for the full-time position.  De La Cruz next asserts that, although Defendants admitted that notes should have been taken during her job interview and kept in her employee file, no notes were produced during discovery.  The notes may have been lost or misplaced, but, together with De La Cruz’s claim that she was hired for the full-time position and then unlawfully demoted, the lack of interview notes may support a finding in her favor that she was in fact hired for the full-time position.”

De La Cruz v. Coastal Bend Reg’l Court Residential Treatment Ctr., 2:12-CV-355, 2013 WL 5744796 at *4 (S.D. Tex. Oct. 21, 2013) (Hinojosa, J.).