Reference no: EM132313392

My friend we will call Marilyn was denied unemployment benefits because her former employer said she was discharged due to conduct in the course of employment which constituted misconduct. At the hearing before the hearing officer, Marilyn told them that she was fired because the employer said she had stolen food from the store. She insisted that she had paid for the food, but she forgot to keep the receipt. She could not remember the manner of payment, or who she had paid for the purchase. Her employer responded saying that she was consuming products from the store in the employee lounge for which she did not have a receipt. Store policy stated in the signed employee manual requires that all employees who purchase an item from the store shall retain the store receipt for examination by a supervisor upon request. The hearing officer found in favor of the employer, based on ineligibility due to a single knowing violation of a reasonable and uniformly-enforced rule or policy. Marilyn wants a court to review the agency's decision. What issues does she face in seeking judicial review of her case?