Client wants to sue me for Libel/Defamation/Slander

[b5eb445d]

Hi, I am asking for any help with my current situation. The client wants to sue me for Libel/Defamation/Slander because of the response I left from his feedback on an ended contract. I left the company since I can no longer commit to the working hours due to health reasons. I explained it to him and it didn't go well. In our conversation, he said that if I gave him an inaccurate review he will "report that to Upwork, with a copy of our conversation that would likely ban me from this service." He also said that if I use any service that I may have access to or passwords for, it is unauthorized and he will report me to Upwork as illegally accessing our services. In the first place, I can no longer access such services/tools since he already removed me and I have no plan of accessing/using them at all. It appears that he's threatening me and I felt that way too. I never replied to him back again after that conversation. Since the feedback system is blind-sided, I gave him professional feedback. Then I saw how horrible his feedback was to me(which contains falsehoods), so I gave him my honest feedback in response to his feedback.

I reported him to Upwork and sent proof of our conversations since threatening is a breach in TOS. On July 1 2021, he again reached out to me to take down my feedback on him as he considers this a lie/defamation and if I do not take the review down in 10 days he will file a lawsuit for libel/defamation/slander. He sent me links about it too and asked if I have the "financial means to defend against this type of lawsuit."

I don't know what to do about this. If I should report it for the second time to Upwork support. Thank you!

[sbilu131521]

That's a serious issue indeed mate. I think you should talk to Upwork support about the matter. And try to understand if the client can take action by law or not. 

As I understand, if you didn't sign an NDA with the client, the client has no way to make a case against you. Though I am not sure about that.

And, one more thing, somehow it feels like a bluff.
A lawsuit against a freelancer in some freelancing marketplace for only bad feedback. Isn't it weird?

Anyway, my sole advice is to contact the Upwork support (chat) as soon as possible.
Wish you all the best.

[b5eb445d]

Hi Sagar, thank you for your response! I really appreciate it. I didn't sign any NDA with him. Before I start working with him, we just started the Upwork Contract.

That's a serious issue indeed mate. I think you should talk to Upwork support about the matter. And try to understand if the client can take action by law or not. - Yes! I want to talk to Upwork about this to see if he really can file a lawsuit on this. Thank you for the idea!

[petra_r]

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Aprille S wrote:

On July 1 2021, he again reached out to me to take down my feedback on him as he considers this a lie/defamation and if I do not take the review down in 10 days he will file a lawsuit for libel/defamation/slander. He sent me links about it too and asked if I have the "financial means to defend against this type of lawsuit."

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Is the client in the same country as you are? If not, simply block them and move on with your life, the client will not sue you, they are simply posturing. They wouldn't find a lawyer to let them even TRY to launch such a lawsuit and I would hazard a guess they don't have the "financial means" to try an international lawsuit they can't win. The whole thing is just silly. Block and walk away.

The response you left to their feedback only shows on YOUR profile (and actually draws attention to the feedback itself and makes you sound unreliable with the "Oh we frequently have power outages and Internet issues") - it doesn't show on the client's profile at all.

Responding to poor feedback is mostly a bad idea. Responding in the heat of the moment like you seem to have done is always a bad idea. It says more about the freelancer than the client.

Aprille S wrote:

Hi Sagar, thank you for your response! I really appreciate it. I didn't sign any NDA with him.

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There is ALWAYS an NDA in place as it is built into Upwork's terms of service. But nothing here has anything to do with an NDA and I can't even begin to imagine why Sagar mentions an NDA. It's utterly irrelevant in the context.

Edited to add: Due to predictable nitpicking, let me rephrase: Unless the is an alternative agreement between client and freelancer, the default terms apply, which contain NDA elements.

I hope this is now clear, not that it has anything whatsoever to do with Aprille's situation.

Aprille S wrote:

Yes! I want to talk to Upwork about this to see if he really can file a lawsuit on this. Thank you for the idea!

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Anyone can file a lawsuit against anyone if they can afford to throw tens and tens of thousands of Dollars at making a fool out of themselves...

REALISTICALLY, a client in the USA isn't going to file a lawsuit against you in the Philippines over a not even nasty review. That just isn't going to happen in the real world.

[b5eb445d]

Yes, the client is in USA and I'm from PH. I've known that he's capable of filing lawsuits since he has a lawsuit filed against a big company. So I am just concerned that he can really file that. I didn't respond yet to his message on July 1 cause I don't know if I should so I seek help on this community and support first. I already contacted Upwork Support and says they can not investigate feedbacks though. So I am torn if I should still respond and do something about it or just move on. Thank you, Petra! Very insightful thoughts you have there. 

[petra_r · Accepted solution]

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Aprille S wrote:

Yes, the client is in USA and I'm from PH. I've known that he's capable of filing lawsuits since he has a lawsuit filed against a big company. So I am just concerned that he can really file that.  

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He "can"  theoretically try but he'd have to be nuts and willing to waste vast sums of money to do so in real life. The contract is over. Stop communicating. Block him and move on. The idea of a lawsuit over the feedback you left is silly and frivolous and no court anywhere would take it seriously even if such a suit was brought, which it won't be.

[b5eb445d]

Thank you so much, Petra! I am very comforted and have peace of mind after what you've said. Kudos to you!

[wlyonsatl]

Aprille,

What country are you residing in?

And where is the client working from?

[petra_r]

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Will L wrote:

What country are you residing in?

And where is the client working from?

---

She is in the Philippines, the client is in the USA.

Look at the feedback she left, it contains nothing that would ever be actionable. The whole thing is simply posturing from a bully.

There is also nothing in that whole story that has anything whatsoever to do with an NDA.

Will L wrote:

What section of Upwork's Terms of Service or other documentation available to freelancers means there is "...ALWAYS an NDA in place." for all prrojects transacted on Upwork?

Sigh. In absence of some terms to the contrary agreed between the client and freelancer the default terms apply. 

I suppose I should have clarified that just to make it foolproof.

She hasn't signed anything to the contrary, so Upwork's default terms apply.

But it doesn't MATTER to her situation, which has nothing whatsoever to do with any NDA.

[wlyonsatl]

You don't need to make anything foolproof, as long as it is accurate, Petra.

[wlyonsatl]

Petra.

What section of Upwork's Terms of Service or other documentation available to freelancers means there is "...ALWAYS an NDA in place." for all prrojects transacted on Upwork?

Thanks in advance.

[wlyonsatl]

Aprile,

While Petra is looking for a link to Upwork's Non-Disclosure Agreement you should also keep in mind that an NDA in this situation on Upwork typically covers you agreeing not to disclose the client's trade or other business-related secrets.

This has nothing to do with libel (a written act) or slander (an oral act), so I don't know why the concept was even mentioned on this thread.

Have you disclosed any of the client's private information in your feedback for the client or in communication with any third party?

Did you say anything untrue in your feedback for the client?

At any rate, responding to negative client feedback is tricky. But I think it is important for a freelancer to set the record straight when a client makes untrue statements about the freelancer or the freelancer's work.

Freelancers absolutely should respond to untrue client feedback. But only if they can do so professionally.

So don't rush it. Write down a draft of your feedback then set it aside. Come back to it a couple of days later and confirm that it sticks to the facts, is professional and is concise.  Then update it (if needed), show it to a friend and ask if they think it is professional and clearly written. Then post it to Upwork.

At any rate, if this clown continues to hassle you tell him he needs to send any further communications directly to your lawyer. And then stop responding to him.

If you two are in different countries or different regions of the world, think no more about this.

Move on to better clients, which are the majority by far on Upwork.

[petra_r]

Will L wrote:

This has nothing to do with libel (a written act) or slander (an oral act), so I don't know why the concept was even mentioned on this thread.

Nor do I. Sagar (wrongly) brought it into play. As I pointed out several times, it has nothing whatsoever to do with Aprille's situation.

[NikolaS]

Hi Aprille,

I shared your concern with our team and one of our agents already reached out to you directly via a support ticket to assist you further. You can access your ticket on this page.