Aug 2, 2020 01:44:38 PM by Phil T
Hello,
I have a suspicion that one of my newly hired developer (paid per hour) is subcontracting out the work I've hired him to do. My suspicions are raised by:
How would I raise a dispute about the work that's being done by this person in these circumstances? How would I show enough evidence that this person is not working on the code as they say they are?
Thanks in advance!
Solved! Go to Solution.
Aug 2, 2020 04:03:18 PM Edited Aug 2, 2020 04:04:14 PM by Renante V
Phil T wrote:
No memos are being attached to any of the hours that are being worked
If you dispute hours without any memo, those hours are removed, even if hours are tracked via the time tracker.
The following cases do not qualify for payment protection
...
...
- Showing the freelancer engaged in non-work-related activity
- Missing memos or have inadequately described memos
Aug 2, 2020 02:15:34 PM by Joanne P
Hi Phil,
The work diary provides you information about the freelancer's activity while doing the project. Disputes on Hourly jobs are filed by the client if they disagree with the hours billed by a freelancer. If you would like to file a dispute, please check out the information shared on this post to learn more.
Aug 2, 2020 02:55:44 PM by Solange B
Aug 2, 2020 04:03:18 PM Edited Aug 2, 2020 04:04:14 PM by Renante V
Phil T wrote:
No memos are being attached to any of the hours that are being worked
If you dispute hours without any memo, those hours are removed, even if hours are tracked via the time tracker.
The following cases do not qualify for payment protection
...
...
- Showing the freelancer engaged in non-work-related activity
- Missing memos or have inadequately described memos
Aug 2, 2020 07:58:26 PM Edited Aug 2, 2020 08:00:11 PM by Preston H
You don't need to prove anything.
You don't need to raise a dispute.
You can close a contract at any time FOR ANY REASON.
You are not required to "show cause."
If there are no memos, then you can simply dispute the hours worked in the previous week and Upwork will automatically remove the time. You won't need to pay for that time, based purely on lack of memos.
Aug 3, 2020 11:08:12 AM by Phil T
I realise I can close the contract at any time for any reason, however hiring developers and then ending contracts abruptly is a risky action. My question was about whether there's a specific way I hadn't considered of demonstrating that a hired person is using a keyboard activity device/app, or that they were subcontracting.
Aug 3, 2020 12:04:54 PM Edited Aug 3, 2020 12:09:44 PM by Preston H
Upwork has automated algorithms in place which flag suspicious activity. Upwork WILL suspend or terminate the accounts of freelancers when it finds wrongdoing, including for the use of "keyboard activity apps" or unauthorized subcontracting. Upwork is actually quite aggressive in looking for freelancers who use "keyloggers" and the like. Upwork has terminated freelancers who did so, even in the absence of any complaints from a client.
But an important question for you is this:
How will it benefit you to demonstrate that the freelancer is using a keyboard activity app, or to demonstrate that the freelancer is subcontracting?
If you don't trust the freelancer or if you do not highly value the freelancer's work, then I strongly recommend that stop working with them.
You have already reported what you experienced here in the Forum. Upwork employees will be able to follow up as they see fit.
If it provides you no benefit to investigate further on your own, or to compile reports demonstrating your findings, I am not sure why you would spend time doing so.
Aug 3, 2020 12:11:23 PM by Phil T
Aug 3, 2020 12:48:03 PM by Preston H
Yeah, I think you'll be fine.
The "no memos" thing is a deal-breaker.
Honestly, I doubt the reviewers will look at anything else. If I was a reviewer, I wouldn't.
Here are 100 screenshots.
I can look carefully at the image and see if I can figure out what the freelancer is doing.
Or I can study the mouse/keyboard activity.
All of which takes more time than this:
No memos? Zap.