Freelancer requested to take work outside Upwork

[69be7f67]

Freelancer asked to take work outide Upwork, which I refused and offered to pay 10% Upwork fee instead. Before I hired the freelancer (virtual assistant to do order fulfillment for me ), I sent her the package with my products and was about to hire her, but she stood me up last minute, and told me she can't do the job for me after all. It's been a week since she received my products and is completely unresponsive. She has my products, won't get back to me, is there a way I can report her to Upwork even though I haven't officially hired her just based on her request to do the work outside the Upwork. I wouldn't go this path, but I have no other options left. I contacted her 3 times since last week, and my messages are being ignored. I invested my time and money into this product, and now I'm left with nothing. Please advise. Thank you!

[spectralua]

You can report that FL asked you for outside payment. But you didnt pay so no evidences and no rules broken.

Report or forgot. Upwork wont share results with you in any case.

Your goods also gone.

As option you can wait a little. Maybe FL sick or other reasons. But this FL will be banned soon if she asked everyone for ToS violation. Take time to search someone reliable.

[69be7f67]

Thank you Mykola for your reply. She is top-rated FL. If there is no rules broken, is there any use of reporting her? I've been waiting for a week now, I did thoguht she might be sick, but unless deadly sick ( God forbid ), I see no reason for her being unresponsive. 

[6bfcdaf8]

Hi Tijana, if a freelancer offered you to take the job outside of upwork, but you declined, it means you didnt break any rules but they did!

Now whatever reason they might have, this is unethical. Upwork moderators will take it seriously and take apropriate action. I believe they can read this forum and will investigate your account. 

Since they already demonstrated that they are comfortable tricking the platform, that says a lot about what you might face yoursef if you decide to work with them. I believe core values are built into oneself and you cant hire someone to have a different set of values. Rather find someone who share the same set of values with you and pay them to do the job.

[244c533e]

Meeting on Upwork and then establishing a working relationship outside the platform is a serious violation of Upwork's ToS. You can report the violation here https://support.upwork.com/hc/en-us/requests/new?ticket_form_id=360002699453 

[efb7ea30]

I'm sorry to hear about your situation. While you initially refused the freelancer's request to take the work outside of Upwork, it's essential to remember that Upwork's policies generally prohibit communication or payment outside of their platform for jobs initiated on their site. This is to protect both clients and freelancers and maintain the integrity of the platform.

Here are steps you can take to address your issue:

1. Contact Upwork Support: Reach out to Upwork's customer support immediately to explain the situation. Provide all relevant details, including your communication history with the freelancer, the job description, and the fact that you sent your products. Upwork may be able to provide guidance or assistance.

2. Open a Dispute: If you've already funded a milestone or escrow payment, you can try opening a dispute through Upwork's dispute resolution process. This can help mediate the situation and potentially recover your funds if necessary.

3. Document Everything: Make sure you have documentation of all communication with the freelancer, including messages and any agreements or terms you discussed. This can be valuable if you need to demonstrate your case to Upwork support.

4. Consider Legal Action: If you believe you've exhausted all options through Upwork and the freelancer still doesn't respond or return your products, you may need to consult legal advice. This can be a complex process, so it's advisable to consult with an attorney experienced in contract and freelance disputes.

5. Learn from the Experience: Going forward, ensure that you clearly outline project terms and expectations within Upwork's platform. It's also a good practice to maintain a clear record of all communication on the platform to protect yourself in case of disputes.

Remember that Upwork has its own dispute resolution processes, and they may be able to assist you in resolving this issue. Always prioritize communication and documentation when working with freelancers on any platform to minimize potential problem

[tlsanders]

Upwork may be more interested in the fact that you violated TOS by communicating outside the platform without a contract than they are in recovering your products.

[williamtcooper]

Tijana,

Read the Terms of Service and follow in the future to avoid issues.