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03db1d3a
Community Member

How to deal with disappeared **Edited for Community Guidelines** freelancer?

Hi,

 

Need help on how to deal with **Edited for Community Guidelines** freelancer?

 

I have a job with freelancer with 4 milestones (total $2000+) about a software project. the freelancer suddenly end this contract 4 hours after I leave a mid-way feedback on this performance.

 

I have paid the pervious 3 milestones (1st milestone $300, 2nd milestone $100 and 3rd milestone $400).

After I have paid these milestones I found the freelance disclosure my code, documentation and design figure and all related information about this project to an unknown third party without notifying me—even after the freelancer signed a NDA with me.

Additionally, all the existing code provided by the freelancer are unable to use since the freelancer did not provide any documentation for handing over. the freelancer also leave many online address, password and user name, information and authentication related to Apply developer program with himself and refuse to provide any documentation to indicate them.

7 REPLIES 7
egaruth
Moderator
Moderator

Hi Vivien,

 

Thank you for reaching out to us. I checked and it looks like you already have an open ticket regarding your concern. I reached out to the team handling your case and one of our agents will follow up with you on your support ticket as soon as possible to assist you further. 

~ Nikola
Upwork
03db1d3a
Community Member

Thanks 

prestonhunter
Community Member

Assign the remaining work to other members of the team.

 

No project of this size and scope should rely on a single developer.

 

Also: You need to hire a project manager or learn how to act as a project manager.

 

re: "Additionally, all the existing code provided by the freelancer are unable to use since the freelancer did not provide any documentation for handing over."

 

This is a factually incorrect statement.

 

Whether or not you use the existing code is a choice. The amount of money you have paid thus far is relatively small. So it may indeed be more economical and expedient to discard the first freelancer's work. But it may be high quality work which could be used successfully.

 

It is true that there are programmers who won't work with someone else's code, especially without documentation. But there are many programmers who will indeed work with other people's code. Some even specialize in doing so. You could even hire someone to document the source code.

 

I would definitely recommend those options if you had invested a large amount of time, effort and money into this project. But given how little has been spent so far, it may cost less money to start over.

 

You have many options.

 

The biggest roadblock your project faces right now is your own interest in the previous freelancer. He is no longer part of your project, but your post was focused almost entirely on him. It is not clear to me what your goal is: complete your programming project, or do something for the freelancer.

 

I have hired over 150 freelancers on Upwork. I know that the Upwork user interface provides me with all tools necessary to manage freelancers and contracts. It is always a great idea to reach out to the Community Forum to ask for ideas. But you never need Upwork Customer Support to get involved with managing your projects. That is not what they are there for. And they really won't manage your project even if you ask for help. That is what a project manager is for.

Not sure why you reply me without offering practical and helpful solutions until I saw many of you reply actually very helpful to the perspective of the freelancers. 


Per your comments, For example, NDA disclosure is a serious issue of breaking Upwork rule.

Seems like you don't care by not mentioning at all.

but pretty picky of the sentences I used to describe this situation.

why?

 

Did you act like developer yourself?

I did.

Understanding others code and following their idea could be very time consuming and painful without detailed guidance.

How big expenses are big enough? 10 million? how many expenses of you 120 freelancers? Are them all above 10 million? If don't care the irresponsible behavior of the freelancer and its influences on clients and Upwork, just bacause the expense is less than 1k, the why a client with 10 million deal trust and use Upwork?

There should not have discrimination on clients with small expenses than who with big  expenses. 

Unprofessional behavior is unprofessional, no matter to how much the deal is.

 

Splitting clients into different group based on how much they expend is a typical view of freelancer, but it's pretty obvious in you comments, why?

 

If you want to provide useful feedback for both freelancer and the client please be at least neutral.
Instead of actually have opinions and personal preferences on one side over the other.

I don't care about the freelancer in this situation.

 

I am interested in helping you. Because you are the person who posted in this thread.

 

Your biggest challenge is that you care about the freelancer, even though he is no longer a part of your project. And he may, in fact, be incompetent.

 

Until you overcome unprofitable concern for that freelancer, I am not sure how you will succeed in accomplishing your project goals.

re: "NDA disclosure is a serious issue of breaking Upwork rule.

Seems like you don't care at all."

 

I don't care about this. Nor should you.

 

How will you caring about that help you to achieve your goals?

 

Stop thinking about that undeserving freelancer. Instead, put yourself and your project first.

 

Really think about this:

How will you benefit by pursuing this NDA matter?
How much time and money will you spend?
Are you willing to hire an intellectual property attorney to investigate and file suit against a stranger on the Internet who probably lives in a place where you could never actually collect a judgment?

 

re: "Did you act like developer yourself?"

 

Yes. I am a developer.

 

re: "Understanding others code and following their idea could be very time consuming and painful without detailed guidance."

 

I agree.

That is why I said that it would probably be less expensive to start from scratch.

 

But I have not actually seen what the developer left you with, so I can't say for sure if that is the case.

 

re: "How big expenses are big enough? 10 million? how many expenses of you 120 freelancers? Are them all above 10 million? If don't care the irresponsible behavior of the freelancer and its influences on clients and Upwork, just bacause the expense is less than 1k, the why a client with 10 million deal trust and use Upwork?"

 

You said that you paid $800.

This is what you paid.

 

Only you can decide if it is worth it to you to hire someone to write documentation for the source code that the freelancer provided you with.

 

Only you can decide if it is worth it to you to hire a freelancer to work with the freelancer's source code, furthering the first freelancer's efforts, or if it will be more economical for you to start from scratch.

 

Why are you asking about clients who have spent $10 million?

 

The key figure here is $800 because that is the amount you have invested so far in source code, and that is the number you will need to consider when you decide what to do next, with regards to using or not using that source code.

 

re: "There should not have discrimination on clients with small expenses than who with big  expenses."

 

Nobody is discriminating against you. Is there a reason that you feel someone has discriminated against you?

 

re: "Unprofessional behavior is unprofessional, no matter to how much the deal is."

 

I agree. Nobody has said otherwise.

 

re: "If you want to provide useful feedback for both freelancer and the client please be at least neutral."

 

I have no interest in being neutral. I just want to help you. I don't care about that freelancer. I do not even know him. I thought my indifference toward him was obvious. I am openly critical of your continued concern for him.

Thanks for your confirmation about the NDA.

I don’t think you understand my situation.
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