In BUM, BK said the laid off was performance based and he admitted that to the press.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=01001-02000&file=1050-1057
Nothing under California Labor Code prevents a former employer from making a truthful statement concerning the reason a former employee was discharged or voluntarily left the service of the employer. (California Labor Code §1053) Yet, when calling former employers it is typical for the employer to provide only the dates of employment, salary, and other limited information. However, California law strictly prohibits employers from intentionally interfering with former employees’ attempts to find jobs by giving out false or misleading references. (California Labor Code §1050.)