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keishajexine
Community Member

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colettelewis
Community Member


Keisha Jexine D wrote:

I worked with horrible clients who expected me to work for free. They also wanted me to commit plagiarism by asking me to copy-paste text content from one of their clients' email campaigns onto another clients email series. The contract has ended and I posted honest reviews on their social media pages. Now they are saying it is defamation and they can sue me for it. They're saying they've contacted their legal team and they will be in touch with Upwork. Is this something I should be worried about? They're saying they have NDA with their clients and that I should not have mentioned them on the reviews.

 

 

Any advice would be helpful. Thanks in advance!


_______________________________

Move on and don't worry about it. It is highly unlikely that this very unprofessional client has the funds to sue you. Apart from the fact that defamation is one of those legal battles that can go on forever and is rarely proved. From what you have said about this client he would lose.So I think you can sleep easy. It won't happen. 

 

ETA: However, Keisha you do have some really poor reviews. Now this could be because you have been really unlucky with your clients, but sometimes it helps to bite the bullet and stop being so defensive and read the reviews to see where they consider you fall down, and where you feel you could improve. All of us have room to improve - it's ongoing in freelancing and it is a mistake to rest on one's laurels. 

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15 REPLIES 15
varungs
Community Member

Anyone can sue you for anything. Whether they win or not is a different matter.

Defamation suits usually go to trial if there is some sort of tangible financial or psychological damage, and here the client can claim that you caused their business to lose revenue. Your defense can be that they asked you to do immoral/unethical things, didn't pay you, you only stated facts, etc. Ultimately it depends on your state's laws and how good your attorney is.


Thanks so much for the information! They're threatening to have their legal team contact Upwork so they can give me trouble. Is that something they can do as well? And should I be worried about my Upwork account getting affected at all? Thanks again in advance!

Did you defame them on Upwork too?  I don't see why Upwork would get involved if this is regarding the client's social pages.  

 

I also don't know why would stoop low enough to blast them on social media.  Provide honest feedback on Upwork and move on.  There are plenty of clients doing unethical things every day.  You can't be the police.  


Robin H wrote:

 I don't see why Upwork would get involved if this is regarding the client's social pages.  


They certainly would if the client's legal team does contact them.

 


Robin H wrote:

I also don't know why you would stoop low enough to blast them on social media.  Provide honest feedback on Upwork and move on. 


Agreed... Unbelievably unprofessional. It is, however, entirely in line with the OPs responses to client feedback on her profile, which truthfully makes horrifying reading.


Whist it is doubtful that the client in South Afrika would go to the expense of taking any legal action against a freelancer in the Philippines, a social media person would surely know that badmouthing a client on their own social media is a shockingly horrific idea.

 


Robin H wrote:

Did you defame them on Upwork too?  I don't see why Upwork would get involved if this is regarding the client's social pages.  

 


Upwork's default contract terms (misleadingly renamed "Optional," but in fact still applied by default unless explicitly replaced) include an NDA. Thus, if OP really did post confidential information (which it seems like she's admitting to), she's violated Upwork's terms.

lysis10
Community Member

Worry about it when the guy comes to your door to serve you papers.

varungs
Community Member

You are not an Upwork employee so Upwork is not liable for your actions. The client will likely not sue Upwork. They will likely sue you, as you are personally liable for the defamation, not them. That being said, I don't think Upwork will mess with your account, but then again, I don't have experience with Upwork and legal cases.

lysis10
Community Member


Varun G wrote:

You are not an Upwork employee so Upwork is not liable for your actions. The client will likely not sue Upwork. They will likely sue you, as you are personally liable for the defamation, not them. That being said, I don't think Upwork will mess with your account, but then again, I don't have experience with Upwork and legal cases.


A lawyer would never go after her, because she doesn't have anything to go after. The lawyer might throw Upwork in the mix because Upwork has the deep pockets. Lawyers sometimes throw everyone into the pot and see which one sticks. One of the many times my dad got sued, he was being sued for trespassing and damage to property (and a bunch of other things i don't remember). The lawyer threw the crane company into the mix because my dad had used them to take back his equipment when he damaged the property. 

 

But this is just like the other person blowing hot air. Nobody doing jack poop.

petra_r
Community Member


Varun G wrote:
The client will likely not sue Upwork.

The client had no intention of suing Upwork. The client threatened to sue her.

 


Varun G wrote:

 That being said, I don't think Upwork will mess with your account, but then again, I don't have experience with Upwork and legal cases.


The client is in South Africa. The OP is in the Philippines. The client isn't going to sue anybody because it would cost more money than they could ever possibly get from her. Even if they won an international lawsuit and were awarded costs, actually getting the money would be impossible

 

This has less to do with legal cases and more to do with the freelancer doing what they did in connection with a Upwork contract.

 

I've seen freelancers suspended for unprofessional behaviour against clients outside Upwork, so I wouldn't be too sure that nothing will happen if the client or their legal team really do lodge a formal complaint with evidence.

 

Mentioning the client's client on social media violates the terms of service (confidentiality) 

 

colettelewis
Community Member


Keisha Jexine D wrote:

I worked with horrible clients who expected me to work for free. They also wanted me to commit plagiarism by asking me to copy-paste text content from one of their clients' email campaigns onto another clients email series. The contract has ended and I posted honest reviews on their social media pages. Now they are saying it is defamation and they can sue me for it. They're saying they've contacted their legal team and they will be in touch with Upwork. Is this something I should be worried about? They're saying they have NDA with their clients and that I should not have mentioned them on the reviews.

 

 

Any advice would be helpful. Thanks in advance!


_______________________________

Move on and don't worry about it. It is highly unlikely that this very unprofessional client has the funds to sue you. Apart from the fact that defamation is one of those legal battles that can go on forever and is rarely proved. From what you have said about this client he would lose.So I think you can sleep easy. It won't happen. 

 

ETA: However, Keisha you do have some really poor reviews. Now this could be because you have been really unlucky with your clients, but sometimes it helps to bite the bullet and stop being so defensive and read the reviews to see where they consider you fall down, and where you feel you could improve. All of us have room to improve - it's ongoing in freelancing and it is a mistake to rest on one's laurels. 

bizwriterjohn
Community Member

Four extraordinary Upworker community members have provided balanced responses and specific counsel.  As one mark of this depth of expertise: you have received counsel from a group of people who have, in sum total, delivered nearly three-quarters-of-a-million dollars of services through this platform.

What lessons have you learned from their discussions and recommendations?  Specifically: what mistakes did you make and why were they mistakes?   Though I do not speak for others, I believe they would appreciate hearing back from you, that you have listened, processed, and know what mistakes to not make again.

John.

wlyonsatl
Community Member

Where are you located, Keisha?

 

Where is the client located?

 

Did the NDA include an agreement by you not to disclose that you were doing work for the client?

 

It is very unlikely Upwork will take any notice whatsover of statements you have made about any subject on social media.

tlsanders
Community Member

Trade defamation works a bit differently from what Varun described, but truth is still a defense. If what you said is demonstrably true, I wouldn't be too concerned about defamation. On the other hand, violation of an NDA is pretty serious business, and an entirely separate issue from defamation. 

I just went through your profile reviews, OP... You're clearly smart, but intelligence without hard work is arrogance. Intelligence without deadline adherence is failure. You probably need to take a long hard look at the way you work.

**edited for Community Guidelines**

1dcc2bb6
Community Member

Its easy talk, I would not worry about it. Your on the winning side, so ignore them and review honestly.

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