Defamation: Ex-Employer Blacklisting/Defamation in Colorado

My question involves defamation in the state of: Colorado



My question involves labor and employment law for the state of: Colorado



Hello,



My wife was recently terminated from a position. After this termination she applied for unemployment. The employer then tried to contest the unemployment and it was found that my wife was not at fault. They then appealed that decision and they had a mediation with a judge. It was again determined that my wife was eligible for unemployment and that they did not prove any type of misconduct.



Now my wife has been offered a job at another employee. They did a background check which included contacting her previous employer. They sent the new employer the same information that they were using to try and get her unemployment revoked. So it's already been proven that she did nothing wrong that caused termination.



Now the new employer is pushing back her start date because of, what seems like, information they have received from her previous employer.



Is this blacklisting? Defamation? Can we sue? Should we sue? Do we have to wait until they rescind the job offer, if they do?



Any help or better understanding would be great.



Thanks,

T

Defamation: Ex-Employer Blacklisting/Defamation in Colorado