Our employee was injured in a car accident in November (no relation to work at all) the return to work date keeps getting pushed back, originally it was December, then January, then February and now April. The employee is a straight truck driver, that is the only job they are qualified for and the only job available in our small company of 20 people. The doctor has stated that they are not able to drive for work at all and yet they can drive her personal vehicle. Their lawyer advised them not to work at all as they are trying to sue the other person involved in the accident. We have offered shorter shifts, a helper to assist, a different truck and all of efforts have been ignored. We have lost a major account and are making cuts due to financial constraints. Are we able to lay the employee off?