If I’m an a partial owner of a business and it operates 66 hours a week but my partner doesn’t want to split shifts, do I have to work the business all those hours?

Asked on January 7, 2013 under Business Law, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the type of business. If it operates 66 hours a week and your business partner doesn't want to work, then I would suggest you review your partnership agreement and see if you can amend it somehow to require he either work or he doesn't get the profits. You can always buy him out or dissolve the business/sell and split the proceeds after all expenses are paid.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Absent a written agreement between you and your business partner as to the shift that you have written about you as an owner have no legal or contractual  obligation to work the business the entirety of those hours. The concern I see is that the other partner may not be pulling his or her share of the "freight".

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.