Freelance Writer - Plagiarism

69ba4dba · ‎11-20-2019

Hi All - I've hired a few freelancer writers and had great luck. I recently hired another one and he delivered on time, however, when I checked his writing it was red-flagged for plagiarism. Obviously, I can't use his work. I'm at the point I no longer want to work with him.

The agreement was that if he delivered a well-written article, I would provide him with a 5-star review as well... now I no longer want to be associated with his work. How do I end the contract without any repercussions on my behalf?

prestonhunter · ‎11-20-2019

re: "The agreement was that if he delivered a well-written article, I would provide him with a 5-star review"

For future reference, please do not do that. It could indeed be considered feedback manipulation, which is a violation of Upwork ToS.

re: "now I no longer want to be associated with his work. How do I end the contract without any repercussions on my behalf?"

If you do not want to work with this freelancer (and I don't blame you!), then simply end the contract and don't work with him again.

I am not sure what kind of repercussions you are worried about.

As a client, you can stop working with a freelancer AT ANY TIME. For any reason.

There are no repercussions from Upwork for closing a contract. The "worst" thing I can think of is that the client might leave some sort of negative feedback. But that's really not a big deal. And you don't even know that will happen. Most freelancers are not going to pay any attention to a single piece of feedback given to a client, especially when they can see other information about you that clearly indicates what types of client you really are.

You don't even need to tell the freelancer that you are no longer going to work with him because who saw a report indicating plagiarism. You MAY tell him. You are not obligated to tell him. You could simply close a contract and say you don't need his services any further.

Freelancers here know that freelancing on Upwork does not imply eternal employment.

69ba4dba · ‎11-20-2019

Got it. Thank you for your feedback, Preston!

a_lipsey · ‎11-20-2019

If you close the contract and walk away without saying anything, requesting a refund of the funds in escrow (if it was fixed-price) it is likely the FL will dispute the refund. I support you ending this contract, but if you don't tell him the work is unsuitable or allow him to revise it, then it's sort of balking the system a bit. Bring it to his attention that the work is plagiarized and you cannot use it in its current state. See what he says. How much was plagiarized? I have sometimes pulled text into a document so I know to cite it and revise it within my argument , and maybe he did this but forgot the original text was there?

I understand you don't trust him. You could also say that normally you don't mind working through revisions, but with plagiarism it's a full stop. Offer him a small fee, maybe $10 for any inconvenience, and see if he'll take it and walk away. The thing is, you don't want a dispute raised and wasting your time further. So try to come to a resolution with the FL. Even if that means firing him but at least discussing why so you avoid dispute.

prestonhunter · ‎11-20-2019

Talking to the freelancer and coming to a compromise is always an option. This is often the right option.

But as a client, you have the right to unilaterally close the contract yourself by releasing any remaining escrow payment.

That is the fastest way to end a fixed-price contract, and there is nothing the freelancer can do to prevent this.

This is often the right option. It depends on the situation.

69ba4dba · ‎11-20-2019

Thank you for the feedback, Amanda. Around 25% -- some are sentences that came straight from another blogger in the same niche. Yes, I certainly don't want to deal with a dispute and waste more time!

petra_r · ‎11-20-2019

Christina S wrote:
Thank you for the feedback, Amanda. Around 25% -- some are sentences that came straight from another blogger in the same niche.

OUCH, that is serious 😞

I would confront the freelancer and certainly leave honest and appropriate feedback (which, unfortunately, won't be visible to warn other clients if the freelancer refunds the escrow funds, which he / she will do if they don't want poor feedback to show...

69ba4dba · ‎11-21-2019

Petra - So, if I provide "public feedback" after I pay and close the FL contract --- that won't show up for other clients?

jr-translation · ‎11-21-2019

Christina S wrote:
Petra - So, if I provide "public feedback" after I pay and close the FL contract --- that won't show up for other clients?

It will show up, but the freelancer could

A) use the top rated perk and have the public feedback removed (if said FL is top rated and can use it)

B) refund you the full amount and have the public feedback removed.

You should report the freelancer to Upwork (on the profile).

a_lipsey · ‎11-20-2019

Christina S wrote:
Thank you for the feedback, Amanda. Around 25% -- some are sentences that came straight from another blogger in the same niche. Yes, I certainly don't want to deal with a dispute and waste more time!

Call them on it and ask them to refund the full amount. You won't be able to leave feedback. Or you could negotiate to give them $5 for their trouble so you could still leave feedback. It depends on if leaving feedback is important to you or full refund. It's important for us as a community that both FLs and clients leave feedback. Although you'd want to be sure you aren't bartering for any kind of feedback and breaking TOS.

69ba4dba · ‎11-21-2019

Yes, got it! Thank you.

Update: I approached the FL and he reworked the article to remove the plagiarized pieces. (Really, though? I had to tell you there was content from someone else in your article?) Anyways, I paid him and closed the contract. I provided honest feedback and included the expectations around intellectual property and lack of values + ethics.

I really appreciate your help and all those contributing!

feliciaoates158 · ‎11-21-2019

What is there to discuss with someone who delivers plagiarized content? He/she knows that first hand, right?

I would pay (I'm assuming you didn't spend hundreds of bucks), close the contract and rate him/her accordingly, making sure all the information needed was there to alert everyone that would come across his/her profile. Reasoning with a scammer and later agreeing to a refund does nothing but help these scammers to continue to populate and work the platform as they please...

This is harsh for the client, but it also harms every single one of us concerned and capable of delivering top work, and obviously the platform.

a_lipsey · ‎11-21-2019

Felicia O wrote:
What is there to discuss with someone who delivers plagiarized content? He/she knows that first hand, right?

I would pay (I'm assuming you didn't spend hundreds of bucks), close the contract and rate him/her accordingly, making sure all the information needed was there to alert everyone that would come across his/her profile. Reasoning with a scammer and later agreeing to a refund does nothing but help these scammers to continue to populate and work the platform as they please...

This is harsh for the client, but it also harms every single one of us concerned and capable of delivering top work, and obviously the platform.

Well, I don't know how much the contract was for, so she may want her money back, which is why I suggested discussing with the FL. I agree that if it was a nominal fee, then just paying it off and leaving appropriate feedback is a good course of action. However, we don't know how much it cost her and what her budget is. I know I certainly don't want to pay a scammer and then have to pay again to get the work done. It's just a form of theft.

prestonhunter · ‎11-21-2019

re: "What is there to discuss with someone who delivers plagiarized content?"

There is nothing to discuss.

Because I am not that freelancer's teacher, mentor, writing coach, pastor, imam or rabbi.

Maybe someday somebody will teach that freelancer my values with regards to plagiarism, intellectual property, content crreation, ethics of writing, etc.

But as a client, it is not my job to do that, and it is not part of my business model to do so.