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Buying & Selling a Business

Can I force my partner to sell to me if they've stopped showing up to work?

TSL Written by the Treadstone Law team· Updated August 2026

Not automatically, and not just because they stopped showing up. A partner's ownership, meaning their shares, and their role as an employee or manager of the business are legally separate things, so their absence from day-to-day work doesn't by itself force them to sell their shares. Whether you can compel a sale generally depends on what your shareholders' agreement provides — some agreements include triggers tied to a partner ceasing to be actively involved, or a shotgun clause you could invoke to offer to buy them out.

Separately, if the non-participating partner is also an employee, their employment, as distinct from their shares, may be addressed under ordinary employment principles. Without a relevant contractual mechanism, forcing a sale of someone's shares against their will typically requires either their agreement or, in serious and persistent situations, a court application. Reviewing your shareholders' agreement, or getting one in place if none exists, is the essential first step.

Key takeaways

  • Share ownership and day-to-day employment involvement are legally separate matters.
  • A shotgun clause or similar trigger in a shareholders' agreement is usually needed to force a sale.
  • The partner's employment status can be addressed separately from their shares.
  • Without a relevant clause, forcing a share sale generally needs agreement or a court application.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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