During employee’s FMLA leave, we found out the job is better done by a contractor … can we terminate?

Q: “Our delivery driver went out on FMLA leave, so we jobbed out the deliveries to a contractor. We discovered that using the contractor saves us a lot of money because we don’t have the expense of maintaining a delivery van or keeping someone on the payroll. What do we do when our driver—who doesn’t have the skills to work any other job in our company—returns from FMLA leave?” – Ben, Virginia