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5465a81e
Community Member

freelancer unresponsive trying to move companies

Hello,

The freelancer I have been working with is unresponsive trying to get my files to transfer. Can someone point me in the direction of filing a complaint against the freelancer. Thank you 

18 REPLIES 18
richardrader
Community Member

Is this a fixed price contract or hourly? If it's a fixed price you can simply end the contract and retrieve the funds from escrow assuming the freelancer doesn't dispute. Since the freelancer hasn't provided any deliverables a dispute will most likely go in your favor.

prestonhunter
Community Member

James, you don't need to file a complaint. If you don't want to work with someone, just end the contract.

JoanneP
Moderator
Moderator

Hi James,

 

I'm sorry to hear that the freelancer has been unresponsive to your messages. I'd like to check this for you. Please share the contract ID you're referring to so I can check with the team. 

~ Joanne
Upwork
5465a81e
Community Member

Hello Joanne Marie,

Apologies for the late reply - 

Contract ID - 25253124

They are unresponsive to my messages if you scroll through the history. It's been a couple of months now. This company uses 1 person to speak on all accounts, but puts an "admin" into the conversation to make it seem like it's a legitimate company. Somdata, a male, was previously working the department. Eventually they put you in touch with the developer if they feel like it who will write a quick message. Their operation is pretty much a smart scam for certain people. 

I also have recorded a video for insurance purposes if there are any problems with the current platform if I should need to elevate the complaint. 

BojanS
Community Manager
Community Manager

Thank you for following up with additional information, James.

 

I've escalated your issue to our executive escalations team. They will reach out to you directly to provide further assistance. Thanks so much for your patience.

~ Bojan
Upwork
5465a81e
Community Member

In the review I added informaiton for upwork which I am sure breaks freelancer aggreements with the Terms of service. I was too nice and I kept paying hoping they would finish the project as I don't come from a technical background

5465a81e
Community Member

I followed the advice and I ended the contract - I left a long detailed review of the company. Nothing I would imagine breaks TOS policies. I hope the review never gets removed. Please make sure I receive my files. They are holding my files hostage 

re: "Please make sure I receive my files."

 

Upwork does not have your files.

 

Somebody from Upwork MAY be able to contact the freelancer and ask him to send you the files. But there is no guarantee that this will happen. There is no guarantee that if Upwork DOES contact the freelancer, that he will send the files. There is no guarantee that if the freelancer sends the files, that you will be able to use them.

 

As a practical matter, clients on Upwork have all the tools they need to manage their projects and freelancers. Clients never need to contact Upwork support staff to help them do so. When a client contacts Upwork support staff about a freelancer, it is because the client does not understand how to use Upwork's tools properly.

 

re: "They are holding my files hostage"

 

A client can end a contract at any time, for any reason.

Of course if a freelancer does not supply files to a client, that is a reason for ending a contract. If a freelancer does something inappropriate, or is not a clear asset to your project, then the client should end the contract.

 

A freelancer who doesn't provide files to a client is a CLEAR RED FLAG. Obviously.
If that happens again in the future, then end the contract immediately and assign work to the other freelancers on the team.

 

In the future, make sure that you work with freelancers who provide you with continuous access to the files. Don't pay a freelancer money if that freelancer isn't providing you with continuous access to the files you are paying her to create for you.

 

If this project is of significant size or scope or complexity or importance, then you need to hire an independent project manager.

Hey Preston, I know you're a straight shooter on these boards ,but yes in this particular instance, the company is holding my files and are not responding. They wouldn't give me my FTP earlier when I asked for it and just put it off. I remember reading somewhere here a while ago; the client owns the files. 

Edit: I can't communicate with the freelancer who is supposed to move my project. My project was under a girl called Matisha, but that project is worked on my another developer under another name, actually multiple developers under multiple names. I hired other developers at Salasar officially over upwork and it was being worked on by someone else and I could never speak to any freelancer unless "the hierarchy" gave permission for the developer to communicate back. No developer at Salasar has 24/7 access to their own upwork profiles or messages in including Matisha. Another developer was comunicating on Matisha's profile lol. Yes, I know it sounds like a mess - I am not making this up. Developers are only permitted access when "superiors" feel like it. An upwork profile @ Salasar is just an udder to be milked. All those profiles at Salsar were not created by the person cause they're an "Agency" -- Is that even legal here? 

Edit 2:  I found a reply you posted on November 24, 2014; Quote: 

"Bruno: If you were hired with an hourly contract, then ALL of the files you created while logging time - ALL of the work product - belongs to the client who paid you. Those files don't even belong to you. So yes, of course you are obliged to deliver the source files."

https://community.upwork.com/t5/Freelancers/am-I-obliged-to-deliver-the-source-files/td-p/853968

Edit 3: It would be nice to have Upwork intervene and get my files. They had the files open for download, then they closed the download. They are treating it like it's their own intellectual property. I have spent thousands here and I'll probably have to pay another few thousand to finish it off. It's just money but I want the files of the funtionality of what I paid them for that I have on video... 

I left a long and detailed feedback but on the freelancer profile it says "no feedback given" under the job I closed... Is there a reason for that

Looks like they started doing damage to the code on the website. I verified something on the platform just now that was working 1 week ago and now it's not working. it's on the video I recorded on my Linux. This is dishonest business practices and I'm pretty sure is against the TOS. Thanks for the help so far

Edit 2: They changd the password on the website admin backend 

You have described many reasons why you are disappointed in this freelancer.

 

It looks like you already stopped working with that freelancer. Good. Work only with freelancers whose work you highly value... with freelancers who contribute to the success of your project.

 

You are not required to justify your reasons for ending a contract.

 

If you are wondering about feedback on the freelancer's profile page... You should know that feedback won't appear until the freelancer leaves feedback for the client. Or until 14 days have passed.

 

And even after that, it can take a few days... up to a week... for client feedback to appear. Because content blocks on profile pages are cached in order to enhance page load speed.

According to the agency permissions; the freelancer working for the agency should be submitting their own proposals themselves and manage their own upwork profiles. Somdata was communicating for all accounts  and most clients on upwork would never even know it. Another person took over who has never initiated contact since Somdata "got a promotion" (I have the Whatsapp messages to prove he typed someone else would be getting in contact once the transition takes over -ie, Matisha's profile was 100% managed by Somdata and someone else along with every other profile) . The admin who is supposed to be the owner is someone else - I have never spoken to the owner. He was supposed to give me a phone call one time but he never called and at the time I never cared to expect it. So what I am getting is, the agency I've been "working" with for the last 3 years, has broken pretty much every agency permission. The Matisha profile I am communicating currently with (for the last year) is another developer called Vijay (or someone else) and they only get access to the chat when the management allows it. The Management run a sweatshop at Salasar and pay the developers in their local currency barely enough to survive and they expect the "developers" to work for free at times; Somdatta was most likely getting a bigger salary than the developers for getting all the contracts in (This is hierarchy of Salsar in India). Whoever is managing all their accounts now is making more money than the developers that's for sure. They put me under Matisha cause she had a bad review and they didn't want to risk me giving a bad review on one of their "good profiles".

 

Ex: Somdata would engage the proposals, get the money rolling in, then whatever the client requests, Somdata or whoever is managing the accounts now will forward those requests down the chain of command, and will be received by a random developer and not the agency freelancer a client thinks they hired (most of the time I'd say about 99%). I know it sounds confusing to make sense, but this is how they operate -- Except it's like broken telephone over there, and by the time your request makes it to the random developer who is working on your project, it's not what you requested or an incomplete half *** job. It was like pulling teeth to get these developers over team viewer -- I am beyond irritated at this company and they deserve every sanction Upwork delivers upon completion of their investigations. Thanks for the responses, I will stay posted for an update

Edit: The profiles they have listed as "Active" don't mean much. They have a big office and hire interns and all the cheap labor they can get from the upwork revenue streams (pre covid anyway). I know all this because I used to text a lot over whatsapp with Somdata who at times gave me the insider knowledge of why my project was being delayed, but assured me it was going to get done, so I believed him. That's my fault. 

Edit 2: All their bios are the same couple sentence, slightly edited copy paste bios.

https://support.upwork.com/hc/en-us/articles/360009646553-Agency-Settings-and-Permissions

 

Here are 2 screenshots by Active Profiles I just took that prove all the upwork profiles by

**Edited for community guidelines**are not managed by the freelancers clients think they are hiring:

**Edited for community guidelines**

Hi James,

 

Please know that your concern has already been escalated to our escalations team, and one of our escalations specialists has reached out to you already. You can access the ticket here. Please feel free to respond to the ticket and they'd be happy to assist you further. 

~ Joanne
Upwork
5465a81e
Community Member

Thank you

and here is another screenshot of Som communicating under the Admin account which is supposed to be for the owner of the agency.... Everything I type is truth

**Edited for community guidelines**

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