Can employer not provide SIMPLE match for one former employee?

[Francis]

I suspect the answer is "No" but employer has a SIMPLE IRA with 100% matching up to 3% of compensation and their match is deposited in a lump-sum after the year concludes.  They would prefer to not add matching dollars to one former employee's account.  The former employee was terminated for cause and has violated his non-compete. 

Is there any way for the employer to not add matching for this one former employee where hard feelings still persist? 

[Belgarath]

Your instincts are correct. The answer is no.

[Bob the Swimmer]

I agree with Belgarath and this is a good reason to add a "bad boy" clause to a Non-Qualified Plan. It has happened to 3 of our clients over the past 40 years.