Re: Freelancer Suspended

Muhammad Farhan A · Oct 11, 2017 02:36:55 PM

Hi everyone.

I have just been informed that my freelance, I have been working with for 9 months have been suspended due to T&C violations. I cant work with him on Upwork. I dont know the details, however, he has worked with me fairly and i have evidence of skype chat as evidence of proof.

My project is at a critical stage and our MVP has just gone live. It could put us back several months if I cant work with him. Not only that I have already paid him for the support for next 12 months.

Any advise and help will be much appreciated.

Best wishes

Farhan

Janean L · Oct 11, 2017 02:59:10 PM

I am sorry that your freelancer has put you in this terrible position. He worked well with you, as you say, but if he violated Upwork's Terms of Service, then it is to be assumed that he may have worked badly with others. Is this a temporary account hold or has the freelancer been permanently kicked off of Upwork?

If the freelancer has, indeed, behaved badly, then you should be very, very angry. At the freelancer.

Valeria K · Oct 11, 2017 03:08:24 PM

Hi Muhammad Farhan,

I'm sorry about the way your freelancer's account suspension affects your project. Unfortunately, we won't be able to share details about the freelancer's account suspension and ToS violations that caused it for privacy and security reasons.

Upwork team will communicate with you via the ticket and can help you with finding a different freelancer to complete the project.

~ Valeria

Jennifer M · Oct 11, 2017 03:53:50 PM

If they've been permabanned from upwork, then just contact them personally? If he's permabanned, ain't nothing he can do about it but you can just keep going off platform.

They have to do something pretty terrible to get permabanned.

Tiffany S · Oct 11, 2017 04:53:45 PM

@Jennifer M wrote:
If they've been permabanned from upwork, then just contact them personally? If he's permabanned, ain't nothing he can do about it but you can just keep going off platform.

They have to do something pretty terrible to get permabanned.

Can they? I don't know the answer, but I don't recall seeing anything in the TOS that exempts those who have been banned from the buyout fee.

Jennifer M · Oct 11, 2017 05:05:15 PM

@Tiffany S wrote:
Can they? I don't know the answer, but I don't recall seeing anything in the TOS that exempts those who have been banned from the buyout fee.

But they are permabanned, so what is Upwork going to do in that case?

It's really a lousy option to find a new freelancer. It's programming. You can't just have someone pick up where someone else left off. There is money involved in training, and it's really not the best way to go if they are happy with the freelancer.

We know Upwork isn't going to sue some guy in some far off land. lol

Petra R · Oct 11, 2017 09:08:35 PM

@Tiffany S wrote:
@Jennifer M wrote:
If they've been permabanned from upwork, then just contact them personally?
Can they? I don't know the answer, but I don't recall seeing anything in the TOS that exempts those who have been banned from the buyout fee.

In general yes. It is best practice to confirm with Support and they may (depending on the situation) strongly suggest you don't hang on to that particular freelancer, but in practice they tend to allow it at the client's own risk.

Gerry S · Oct 14, 2017 07:51:38 AM

The fact that UpWork "thinks" they can deprive anyone of their "rights" (including "paying" clients who have transacted in good faith) doesn't mean they have the "legal" right.

In the end, "you" are entitled to earn a living and noone has the "illegal" right to deprive you in pursuing same; regardless of some "side fight" they are pursuing.

At the very least, you should get ALL your money back if you can't get a satisfactory settlement.

Remember, UpWork "let" these "suspensions" onsite in the first place so "you" could work with them. Lack of due diligence on someone's part.