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?

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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

Answers:

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".


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