Elements:

1. A defamatory statement concerning another;

2. Published to third party;

3. With fault amounting at least to negligence on part of the publisher; and

4. Either actionability of the statement irrespective of special damages or existence of special damages to plaintiff caused by publication.

Statutory qualified privilege for employment references, C.R.S. за8-2-114(2) - this statute provides an employer with immunity if it offers "fair and unbiased" information about former employee's job performance.To challenge the employee must show the information is false, misleading, malicious, or violates civil rights.