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freelancer DELETED my website because I ended a contract

Active Member
Al W Member Since: Aug 17, 2017
1 of 9

After what I felt was far less work than was expected from her, I decided to pay out the first milestone and end the contract. I even left her a 4.3 rating which is generous in my opinion. 

 

I wake up this morning, remembering I hadn't deleted her admin log in details from my website and log in to find my entire theme DELETED. I am beyond pissed at this point and am seeing if I can get it restored from my host... but how do I let Upwork know this person did this?? I looked through the help center and didn't see anywhere where I can outright contact anyone. 

Moderator
Valeria K Moderator Member Since: Mar 6, 2014
2 of 9

Sorry to hear about that, Al.

 

I see that you talked to one of our chat representatives about this case already and they escalated the details to the Dispute Team for further review.

~ Valeria
Untitled
Ace Contributor
João P Member Since: May 23, 2017
3 of 9

Sorry to hear that Al,

Unfortunetely there are freelancers with really poor conduct and work ethics. 
Hope you can retrive the files and the freelancer is flagged to Upwork adminsitration.

That being said, It also depends on how the project was structured and what was clearly defined as a milestone.
Did you consult with the freelancer before closing the contract? And explained that you were expecting better work? Not making a case for the freelancer but maybe there is misscommunication on both parts about what was agreed.

all the best for your project

Community Guru
Preston H Member Since: Nov 24, 2014
4 of 9

Regardless of how abruptly a client closes a contract (or fires) a freelancer, it is never acceptable for a freelancer -who has been fully paid for her work - to act like this.

 

Very unprofessional. The freelancer should be permanently removed from the platform.

Ace Contributor
Joshua C Member Since: Aug 11, 2017
5 of 9

That sounds terrible! super unprofessional - I would recommend using something like 

UpdraftPlus - 

It allows you to back up your site for if you're using WordPress - and you can use FTP and backup your files as well. BEST OF LUCK!

Community Guru
Tiffany S Member Since: Jan 15, 2016
6 of 9

Unacceptable ASSUMING that the freelancer was paid the full agreed amount for the amount of work that she'd completed. OP, is that what happened? 

Community Guru
Jennifer M Member Since: May 17, 2015
7 of 9

@Tiffany S wrote:

Unacceptable ASSUMING that the freelancer was paid the full agreed amount for the amount of work that she'd completed. OP, is that what happened? 


 what is your opinion on partial payment? Sounds like it was partially paid so I'm torn. It sounds like he didn't like the work and paid her some milestone and so she deleted the theme. 

 

he says website in the title but says theme in the description, which is a different ball game. 

Community Guru
Tiffany S Member Since: Jan 15, 2016
8 of 9

@Jennifer M wrote:

@Tiffany S wrote:

Unacceptable ASSUMING that the freelancer was paid the full agreed amount for the amount of work that she'd completed. OP, is that what happened? 


 what is your opinion on partial payment? Sounds like it was partially paid so I'm torn. It sounds like he didn't like the work and paid her some milestone and so she deleted the theme. 

 

he says website in the title but says theme in the description, which is a different ball game. 


 I think it would come down to whether or not there had been substantial payment. For example, if the contract was to develop a theme for $500 (numbers chosen at random) and the theme was developed except for a few revisions and installed but only one $50 or $100 milestone was released and the contract ended, I don't think the client owns that content.

 

On the other hand, if the freelancer did roughly 80% of the work and was paid roughly 80% of the contract price, then I think ownership has likely transferred.

Community Leader
Kristo H Member Since: May 6, 2017
9 of 9

Knowing nothing more about this case, I would also assume that if they are paid for the work, any deliverables should be left on customer server, even if the contract was impolitely terminated. In a way going there after the termination of contract could also be interpreted as hacking or violation of many Computer Act's in many countries. However, if the files in questions were not on clients server, but on the freelancers domain, then the thing is, perhaps, more challenging.

 

But, let me tell you one story, which is true, which happened to me when I was working as freelancer for a customer here in UpWork. This customer wanted to purchase stuff, but he wanted to have a hourly contract. It was a bit odd, but worked rather well, however to balance the hours with the quantities was of course, a bit challenging. At some point in time, as we approached $500 total billing, I kindly asked the customer again, should we change to a milestone-based contract instead. I tried to be polite and explain that it causes a lot extra work to try to sync the hours with stuff, and that this way of using hourly contract is not really what it has been made for.

 

This customer did not say anyting, but just suddenly dropped the contract. He had been delivered the work weekly an he left excellent feedback. I was schoked but in a way accepted the situation. But, he came back in Messages window a couple of weeks later. He asked me to send him everything again packaged otherwise. He asked once and he asked twice. I did not reply.

 

Since I delivered the files already, and the customer clearly had received them, I did not see any reason, after the sudden and impolate termination of contract to serve them for free in any way. Even that was nothing like deleting deliverables, I see that if customer ends the contract, he should be happy with what he has at that moment and not expect to receive anything more after the terminatio of the contract.

 

Sorry, writing too much on low season of August. Just wild thoughts to the air...

 

 

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