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prestonhunter
Community Member

problem? solve here (no FTC, BBC, FBI, PD, etc.)

Occasionally in the Forum I see posts from clients who have had a frustrating experience, and they come here locked and loaded with a description of their problem and threats that they will go to "Agency X". Or maybe they claim they have already contacted "Agency X."

 

I don't represent Upwork in any way, but I had some thoughts on the subject:

 

I am posting this post in a brand new thread so that it is not associated with any single individual or situation. This is not a reference to any one Upwork user or situation. This post is intended to present helpful information about the general concept.

 

It is not helpful if your first post in the Forum contains threats. It is better to ask questions.

 

The truth is, threats are unnecessary. And not helpful. They could even be counterproductive.

 

The participants in the Forum are very helpful. They include clients and freelancers, as well as moderators who are employed by Upwork itself. They will probably be able to answer your questions and help you out.

 

Upwork wants clients to LIKE using this site. It wants clients to return and use the site again and again. It wants clients to be highly satisfied with their experience here.

 

You don't need to threaten to go outside Upwork. And even if you do so, it is probably just going to be a waste of your time.

 

There may be rare circumstances in which there is some merit or utility to such a concept. But usually: Not.


Let's discuss some of the actual agencies or organizations some Upwork users have invoked. But the basic idea (spoiler alert) is this: They're not interested in your complaints about Upwork.

 

FTC: The Federal Trade Commission is charged with protecting Americans against unfair trade practices. They do indeed deal with scammers and fraudulent companies. Upwork is neither. They are not going to do anything.

 

BBB: The Better Business Bureau independently tracks businesses and complaints against them. Upwork has an A+ rating with the BBB. Your complaint is not going to change that. The BBB provides information to people. It does not force companies to return money to people if they have a complaint about the company.

 

FBI: Yes, it is possible to "report suspected scams" to the FBI. But Upwork is not a scam. And the FBI is not the "Internet Police." The FBI has things they are interested in investigating, and that means criminal investigations. If you hire a freelancer to write a blog and it has spelling errors in it, that's not a crime. The FBI is not going to go after Upwork. Upwork has a pack of lawyers who make sure the contracts you enter into indemnify them from criminal liability.

 

Your local police department ("PD"): Similar to the FBI. If your physical home (which exists in your local police department's jurisdition) is broken into, then yes you should call the police. Complaint about a freelancer in some other country that you hired through a website that is headquartered in Santa Clara, California? No, they are not going to do anything about it.

 

Even if it is your next door neighbor, don't call the police. You hired somebody in your own town to do freelance work for you, and the freelancer failed to live up to your expectations? That is not a crime police will spend time on. They will tell you that it is a civil matter.

 

None of this means that you don't have any recourse. If you have a problem, talk to Upwork. Feel free to talk to Customer Service. For MOST questions or problems, it won't hurt to do a search in the Community Forum first. Read what other people have experienced that is similar to your situation.

 

It won't hurt to post questions in the Forum. You won't want to name people by name, but you can provide enough details that we can discuss the situation with you in a productive manner.

 

If you have a problem with a freelancer, of course the first person to talk to is that freelancer. If you can't solve your problem that way, feel free to discuss the problem here. It is free to do so.

9 REPLIES 9
7bb3a47b
Community Member

Thank  you preston 

I appreciate for your effort here 

prestonhunter
Community Member

What about the SEC?

 

The SEC is the U.S. Securities and Exchange Commission.

 

The primary purpose of the SEC is to enforce the law against market manipulation.

 

The SEC deals with Wall Street issues, stock trading, etc. Their mission is to protect investors.

 

Freelancing on Upwork is not under the purview of the SEC.

 

Upwork is not an investment platform. The SEC does not get involved with situations in which freelancers believe they have been scammed by a client, or in situations in which a client believes she has been scammed by a freelancer. Even if those situations involve fake "clients" who trick freelancers into buying bitcoin for them.

 

Filing a complaint with the SEC about any Upwork matter would be a waste of your time.

Again, the general principle is: If you have a problem on Upwork, you need to deal with it on Upwork. Trying to go outside of Upwork to deal with an Upwork issue is nearly always going to be nothing but a waste of your time.

 

What about the CFPB?

The Consumer Financial Protection Bureau deals with the financial sector. CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies operating in the United States. They are not the "website police." They are not interested in Upwork.

Preston said:

 

Trying to go outside of Upwork to deal with an Upwork issue is nearly always going to be nothing but a waste of your time.

 

A lot of people's problems would never have started if they hadn't gone outside of Upwork in the first place.

prestonhunter
Community Member

What about dong a chargeback with my bank, credit card company, or PayPal?

Sometimes if a client is inexperienced in using Upwork and makes mistakes with how they manage freelancers or manage a project, they end up feeling like they lost money. They feel "wronged." They may feel like the solution to their problems is to report the matter to their bank or PayPal and issue a chargeback.

 

Don't do this.

 

This is a violation of Upwork TOS. Not to mention the fact that it is counterproductive. Not to mention the fact that it is "dirty pool."

 

If a client issues a chargeback, then Upwork will stop assisting them in pursuing the matter. The client's account will be suspended. The client will not be able to get Upwork's help in rectifying the situation that the client is concerned about. And the client will not be able to continue with any other current Upwork contracts. The client will not be able to use the platform until they pay back the money that they took using the chargeback.

b2a6e015
Community Member

Yeah, you don't represent UpWork but you are acting as their attorney. You are indirectly being a hypocrite as you are threatening people from protecting their rights. So please stop manipulating and misguiding people in the name of help because the public is not that stupid. Your statement "BBB: The Better Business Bureau independently tracks businesses and complaints against them. Upwork has an A+ rating with the BBB. Your complaint is not going to change that. " is a useless act of stopping people from reporting UpWork. I will report UpWork to BBB if they didn't show efforts in going after the person who scammed people for $20K. Just because it is not your money doesn't mean that it's not a big deal. 

As far as your other theories are concerned, all of them are generic statements about generic hypothetical scenarios. In reality, each case has its unique aspect(s) that cannot be related in general terms. Even bank or other institutions like PayPal or Venmo protects against scams, frauds,  service issues, etc. How come Upwork doesn't charge everyone for everything as well as invades everyone's privacy to make sure that the platform doesn't lose a penny. This is just ridiculous... However, you have the right to your opinion and are entitled to it but STOP trying to trick people or put words in their mouths.  It just won't work for others. 

I appreciate you taking the time not only to write this essay but also copy-pasting the link to my conversation to distract people.  Be happy and have a wonderful day. 

Sal,

Thank you. As noted in my response Preston is either an apologist or a plant. He is even lying lol. Upwork in fact does not have A+ rating with the BBB (link removed by Upwork so simply google it) 

As you can see it has  1.12/5stars 173 complaints closed in last 3 years

69 complaints closed in last 12 month and a D rating. 

 

What Upwork has is a crackerjack legal department and a good PR team. 

Sal,

I read the complaints and Upworks response which is pure boiler plate and the reason they I would imagineare rated D 

 

Upworks work marketplace is where companies can find independent talent to grow their businesses, and independent talent can find work to grow their careers. We designed it to help clients and talent build strong working relationships so, over time, companies can scale on-demand with a trusted talent bench and talent can secure fulfilling, consistent work.  

 

**Edited for Community Guidelines**

10867588
Community Member

Preston,

You certainly don't come across as a member. It is common practice for large companies to 'plant' dustbusters to refute legitimate grievances so it would be nice for you to identify yourself and your experience as a user. The issue is of course "reasonable expectation" of what Upwork does to protect it's users. The simple answer is very little. 

 

I have been on Upwork going on seven years.  I worked very closely with  **Edited for Community Guidelines** when they were  transitioning from Odesk to Upwork. We all felt we were part of a community and we built the web development part of our company with Upwork freelancers exclusively . That sense of community has changed dramatically in the past two years,  We have had numerous bad players on the platform that have caused our company severe financial damage repeatedly. All documented by their own escalation teams.

we had our entire team we had built on Upwork and we were filing a Reg A + securities offering with the SEC decimated by a convicted fraud named  **Edited for Community Guidelines** or  **Edited for Community Guidelines**. Simply putting his name into a search produces this: (link removed)  He not only was not censured but allowed to stay on the platform and after the complaint went on to do further damage by illegally using our server for his own purposes until detected by AWS. Upwork chose to ifgnore it and 

 

This past month I traveled to the Phillipines for a film project.  We had an adminstrator I had hired and worked with for pre-production which of course meant she had access to everyone. She was in dire straits and I even loaned her personal money so she could continue. When I wouldn't give her more she wrote a Letter of Resignation and then began a campaign of disinformation and maligning the project. .

 

This is the communication I sent to Upwork.

 

 **Edited for Community Guidelines**,

I was unable to access these replies from my Ipad from your app while in the Philippines and I did not receive any emails on the complaints until now. .

This case was by no means solved. I appears that whoever investigated this failed to consider the clear violations or so I thought which were amply documented not only by myself but rather bizarrely by Ms. ---herself. Both J----- ---- and Y------- were in management positions with access to group chats and confidential information. As well documented even by herself Ms. ---- had resigned on April 27th after being told it was repeatedly it not a job, taking compensation other than sweat equity violated Upwork policy and I was not in a position to loan her any other funds.

I as your record will show immediately asked Upwork to remove her her full admin. position and tried to end the contract peacefully. Then she rather bizarrely decided to litigate and air here grievances in her still active room. I filed a complaint and asked you to communicate to her that contacting any freelancers we still had contracted with covert and false information was or so I thought a  clear violation. Guess not. . 

So instead of once again trying to litigate the details I will ask you to clarify Upworks position on the record by asking asking the management of your company to state it's position on the following.  

1) Are Upwork freelancers in an administrative position allowed to use their access to the freelancers they are managing after offering a letter of resignation to make covert and unsubstantiated accusations resulting in a complete disruption of a project and severe financial loss? I informed Upwork of Ms. ---- and her behavior starting April 27th to no avail. 

It appears that Ms. ---- was in contact all along with Y---- ---- and perhaps three other freelancers. What we discovered only last week ten days before my reurn to the States and nothing filmed far after the damage was complete that they were paying milestones  for work that had not been completed and as it turns out with no intention or chance of anything being completed before I left the Philippines and that this was not disclosed as it appears in order to continue to be paid and get supplementary subsistence loans and submit doubtful receipts for expenses.

I have sent direct communications about my upset with the way the executive escalation team has handled this to both CEO  **Edited for Community Guidelines** and  **Edited for Community Guidelines** Chief People Officer at Upwork.

 

As this has been the third time that UpWork has allowed this to happen and has done nothing to stop it before further damage is done I am going to write an article documenting my experiences and release it to the media sources we have and on social media. I am doing this after consultation with the other other partners,  our attorney partner  **Edited for Community Guidelines** and friend and partner **Edited for Community Guidelines** founder of the LA Weekly advising me on how to compose it with the facts. 

I am truly sad it has come to this but, the damage both financial and in time wasted from this last go

 

As you can Preston H there is systemic failure on this plaform very little is being done to deal with it. 

Laughingly enough I go this templated response which I am sure was written by their legal department. 

 

The boiler plate text that reads;

" Should you wish to take any form of external legal action against any of these three freelancers, you are of course free to do so, and Upwork will cooperate with any official criminal investigations or legal requests that are properly submitted to our Legal Department. If you need to obtain any contact information for them, we'll simply require you to follow our Subpoena Protocol." 

 

I responded as follows: 

This of course is absurd since they are in the Philippines and as an international platform that has freelancers from developing countries where the protection and ethical standards of the United States obviously do not apply.  The issue is of course the safeguards that one would imagine that a company like yours would have to protect this kind of thing happened is as I have discovered not in place.  The article will of course reflect that.

What i repeatedly asked was for you to contact the Ms.  **Edited for Community Guidelines** and either shut down her account for the obvious multiple violations that occurred wherein she was allowed to go unchecked in a campaign of vindictiveness to systematically unfairly malign me and the project. That you allowed her to do this unchecked for over a month and in fact your trust & security team seem to vindicate her emboldened her to continue and undermined our efforts to try and salvage the mess she had created. 

 

Only in the last ten days of my stay in Philippines did the extent of the damage and the fact that she in fact was in communication with and apparent collusion with  **Edited for Community Guidelines**. I kept wondering why Ms.  **Edited for Community Guidelines** was not cooperating in the investigation and corroborating what she knew to be fact. 

My article will simply present the facts. Most of it bizarrely enough was in the thread she posted. Your intervention early on would have made all the difference.  I have been reading comments in the forum since this happened and realize I am not the only one to experience how little protection we are afforded by Upwork. Your Trust & Safety team seems to only be concerned with making sure you get your money and little else.  

Be happy to have either you or Upwork respond to this. I an Upwork user with over 400 contracts and a near 5 Star rating. I have tied to remain on the platform, but this was the last straw 

 

Andrew C

 

re: "You certainly don't come across as a member. It is common practice for large companies to 'plant' dustbusters to refute legitimate grievances so it would be nice for you to identify yourself and your experience as a user."

 

I am just a regular Upwork user like yourself.

 

I use Upwork mainly as a freelancer.

But I am also a client. I have hired over 160 freelancers on Upwork.

 

People who read my posts regularly know that I am often critical of the platform.

 

My posts in this particular thread are certainly not here to help Upwork, but are here to help clients and freelancers.

 

I would say the same things about any platform.

 

It is a simple philosophy: It is usually a waste of time to go outside of the platform to get help.

 

If you have a problem with Upwork, resolve the problem on Upwork. Nobody at the FBI wants to hear an Upwork client complain about a freelancer doing a bad job setting up their website for selling shoes.

 

Andrew, I feel like you blame Upwork for some bad things that happened.

I am not saying you are wrong about that. I have no argument with anything you said. In fact, I am content to say that everything you wrote is correct.

 

But your perspective is simply foreign to me, and I don't think it reflects a perspective that has served me well and helped me succeed as an Upwork user.

 

I look at Upwork as a tool.

And I don't blame tools.

If a cake tastes terrible, I don't blame the mixer or the oven.

If a website development project fails, in my mind it is not Upwork's fault. Ever. The responsibility lies with the project manager.

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