Can I hire a suspended Upwork Freelancer?

[chua_rosaniline]

I want to hire someone for a job but his account got suspended due to not submitting that much proposals as he was out of the country for quite some time. Do I need to email Upwork with a chance to have his account reactivated?  Thanks in advance for your suggestions. 

[holymell]

He would have to contact Upwork himself to get his account issues fixed. If he's suspended and not permanently banned, anyway. If he's banned, there's little to no chance that they'll reinstate his account.

[bobafett999]

I would guess and I could be wrong, but since he was suspended he is no loger bound by Tos and may be you can hire him off platform.

[colettelewis]

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@Prashant P wrote:

I would guess and I could be wrong, but since he was suspended he is no loger bound by Tos and may be you can hire him off platform.

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I wondered about that too. But surely a freelancer's account would not be suspended just because he or she has been inactive. Perhaps it has only been set to private?

[jr-translation]

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@Prashant P wrote:

I would guess and I could be wrong, but since he was suspended he is no loger bound by Tos and may be you can hire him off platform.

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 I think the ToS also apply to the client so she has to wait until 2 years after the first contract/contact before hiring him outside UW.

[m_terrazas]

But, if the freelance is suspended, how will UW control that client working with him off the platform?

In fact, if you want to be dishonest, you could work with any of your clients outside and UW would have a hard time controlling it.

[VladimirG]

Hi Maria,

Note that we have systems in place to detect ToS violations, including disintermediation you mentioned, and have campaigns and processes in place to address the fraudulent behaviour.

[m_terrazas]

Hi Vladimir,

Clarify something to me, please.
If a freelancer's account has been suspended, that is, it is completely out of the platform (it has neither rights nor duties, it is a "free" freelance), why a client who has worked with him / her on the platform can not work now outside of it?
As I understand the TOS (not much, really) a freelancer and a client can not work together outside the platform until two years after the first contact. If it happens, account suspended. Or the client has to pay a certain amount to "buy" the freedom of the freelance (which badly sounds this). I think that's the way it is, if not, correct me, please.
Once the freelancer is off the platform, why can not he work with that client? He owes you nothing.
And the client, why can not he do it either? That freelance no longer works through UW.

[tlsanders]

Maria, the answer to that question is "because that's what both the client and the freelancer agreed to in their contract with Upwork."

I agree that it creates a problem for freelancers and clients who are suspended--especially those who are suspended purely because they haven't landed enough jobs, and haven't actually violated the TOS in any way. But, that is what the contract says. And, although it's unfair to freelancers and clients under a certain narrow set of circumstances, it's easy to see why it is written as it is. Otherwise, anyone who wanted to take a lucrative client off platform and had little else going on here could simply commit a blatant TOS violation to terminate his/her obligation.

[m_terrazas]

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@Tiffany S wrote:

Maria, the answer to that question is "because that's what both the client and the freelancer agreed to in their contract with Upwork."

I agree that it creates a problem for freelancers and clients who are suspended--especially those who are suspended purely because they haven't landed enough jobs, and haven't actually violated the TOS in any way. But, that is what the contract says. And, although it's unfair to freelancers and clients under a certain narrow set of circumstances, it's easy to see why it is written as it is. Otherwise, anyone who wanted to take a lucrative client off platform and had little else going on here could simply commit a blatant TOS violation to terminate his/her obligation.

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Hi Tiffany,

Thanks for the clarification. Luckily there are people who can explain things clearly 
I have no interest in doing any of this but, reading so many people that have been "erased" for different reasons (in particular those that you expose), is something that made me think about it.
If I am no longer in UW, neither the contract nor the TOS affect me, therefore I will be able to contact my clients and work with them.
Now I see no, although the problem would only affect the client if he did, right?

I'm a bit stubborn, I'm sorry 

[kochubei_valeria · Accepted solution]

Hi Rosaniline,

As Melissa noted the freelancer will need to address the issue with their account directly with Upwork. You won't be able to hire them while their account is suspended. Feel free to search for other freelancers with relevant skills here.

[chua_rosaniline]

Spoiler

Thank you for all your responses.  I asked him to contact Upwork about his account.  Will be looking forward to any updates!

[bobafett999]

Bottom line:  Working off platform, freelancer has lot to lose - his account gets suspended.  But, what is the penalty for OP? 

[tlsanders]

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@Prashant P wrote:

Bottom line:  Working off platform, freelancer has lot to lose - his account gets suspended.  But, what is the penalty for OP? 

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 Her contractual obligation to pay the "buy out" fee if she goes off platform with the freelancer within two years--a minimum of $2,500.

[bobafett999]

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@Tiffany S wrote:

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 Her contractual obligation to pay the "buy out" fee if she goes off platform with the freelancer within two years--a minimum of $2,500.

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 But what she does not pay? and why should she even pay?  The freelancer does not exist on the platform anymore.  He is a free bird.

[tlsanders]

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@Prashant P wrote:

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@Tiffany S wrote:

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 Her contractual obligation to pay the "buy out" fee if she goes off platform with the freelancer within two years--a minimum of $2,500.

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 But what she does not pay? and why should she even pay?  The freelancer does not exist on the platform anymore.  He is a free bird.

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 I assume that Upwork would sue her for breach of contract and obtain a judgment, and pursue that judgment. As a business matter, it would be well worth Upwork's investment to pursue all legal remedies, even if it meant taking a loss, because deterring disintermediation is critical to their business model.

[b_koome]

Well, I'm a newbie and I don't know much, so I might be wrong.

I've seen clients sharing their contact information (e.g skype ID) on job descriptions, so I tend to believe that this also happens in direct messaging. From this, you realize that the freelancer can contact the client off-platform, and surprisingly UpWork won't do anything about it. Am I right?

[g_vasilevski]

Hi Bryan,

Communicating outside of Upwork is not a violation of our TOS but asking or getting paid outside of Upwork is a violation. Thank you!

[b_koome]

Oh, I see. Thank you, Goran.