unemployment

What is the name of your state?MN

I went home early on 11/7/04, the company i work for is on an attendance point system and I was not feeling well. I had the points to leave. I had worked for the company for 1 year had never called in sick or used any of my pto. On 11/8/04 my supervisor called me and said it was a voluntary resignation. I am in a union and after 3 months the union got my job back. I filed for unemployment 45 days ago and was denied. The reason I was denied unemployment is because they state " I told my supervisor, I was going home sick" and didnt ask to go home sick. The workplace was not understaffed and my supervisor did not discourage me from leaving at any time. Unemployment is saying leaving without authorization is considered insubordination and employment misconduct. Is there anything I can do? any help would be greatly appreciated.

You can appeal the Initial Determination and file for a hearing with the UC division and see if an Administrative Law Judge will overturn the decision.

Do you think I would have a case? I mean seriuosly since when does a person have to ask to go home sick? when you call in sick, you dont ask. You let them know. Especially, If you have never used any sick days,Etc.
On top of that, I got my job back, wouldn't the judge look at that and see that the company admitted wrong doing, by offering it back after my union filed a greivance?

The fact that your employer offered you your job back, has NO bearing whatsoever on whether you are eligible for unemployment for the time you were off work.

For some reason, a great many people have the entirely erroneous idea that unemployment is tied to whether or not the employer was "right" or "wrong" in firing the employee.

They are mistaken.

Within this setting, the unemployment office has one charge, and one charge only; determining whether or not the employee lost their job for a reason that qualifies them for benefits.

They are NOT charged with determining whether or not the employer "should" have fired the employee. There is NO connection with whether or not the employer was right or wrong and whether benefits are granted. There is not even a connection between whether or not the employer was LEGAL, in determining benefits.

Once you have gone to work, you do not TELL your employer that you are going home. You ASK the employer if you may go home. The fact that the employer may have decided that they overreacted in firing you does not mean the employer acted illegally - it does not even mean the employer was necessarily wrong. But it most certainly does not change whether or not you are eligibile for benefits.