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False Claim Of Plagiarism

Community Guru
Petra R Member Since: Aug 3, 2011
41 of 61

Holly J wrote:

Of course, I'm assuming UW isn't going to side with me regardless of proof and he'll get away with not paying me.


Why would you assume that?

 

If it was an hourly contract, you will either be protected by the Upwork hourly protection or not. Whether you are protected or not will be 100% a result of your own choices.

 

There is no "siding with anyone" - it is completely black and white.

 

If the client disputes you hours, all Upwork will look at is your work diary.

 

Did you:

 

  • Use the tracker to track your hours? (NOT manual time)
  • make sure the screenshots are accompanied by meaningful work memos?
  • have adequate activity levels
  • have screenshots showing only work related images.

If the answer to all the above is "Yes" - you are protected.

If the answer to even one of the above is "no" - you will lose the dispute.

 

Active Member
Holly J Member Since: Apr 12, 2019
42 of 61

Hi Petra,

The only option the client allowed was manual tracking, which is not protected, there was also no area for me to attach screenshots, but I was as detailed as I could be in each of my work diary notes. I did of course keep screenshots for my own records.

 

There was ample communication with the client, and also evidence that they loved the work before this other person entered the conversation.

 

Sorry if I seemed frustrated and accusatory in my initial response, but I read through quite a bit of this thread and was feeding off of the experiences of others. It's a very serious accusation this person is making, and I do hope that UpWork takes all of the evidence I had to provide into account.

Community Guru
Petra R Member Since: Aug 3, 2011
43 of 61

Holly J wrote:

Hi Petra,

The only option the client allowed was manual tracking.


There is no hourly contract form that "only allows manual tracking" - that is nonsense. Did the client actually forbid you to use the tracker? How bizzare is that? Manual time is never protected, and there is no way a client could ever force you to use manual time.

 

But yes, as far as payment is concerned, manual time = game over. The end.

 


Holly J wrote:

 

There was ample communication with the client, and also evidence that they loved the work before this other person entered the conversation.


It does not matter.

 


Holly J wrote:

I do hope that UpWork takes all of the evidence I had to provide into account.


You are mixing up two things: The plagiarism accusation and the getting paid accusation.

 

Upwork will take the your evidence into account when it comes to any (possible) accusation of plagiarism.


As far as "getting paid" is concerned = if the client disputes and you used manual time the client wins the dispute.  That is all there is to it.

 

 

 

Active Member
Holly J Member Since: Apr 12, 2019
44 of 61

After doing some research it appears I was supposed to download the desktop app to properly track my time, which I did not know, so by entering in my time manually, I may have screwed myself on this deal. Again, first time user. So regardless of finished work being provided to them, judging by what you're saying, I'm not getting paid based on the way I entered in my time.

Community Guru
Petra R Member Since: Aug 3, 2011
45 of 61

Holly J wrote:

After doing some research it appears I was supposed to download the desktop app to properly track my time,


Yes. The time to do research is before accepting a contract, not after it all went wrong.

 


Holly J wrote:

After doing some research it appears I was supposed to download the desktop app to properly track my time, which I did not know, so by entering in my time manually, I may have screwed myself on this deal.


You did. Well, if the client disputes you did, yes.

 


Holly J wrote:

 So regardless of finished work being provided to them, judging by what you're saying, I'm not getting paid based on the way I entered in my time.


Remember that if they do not pay you, they don't own a single word of your work and can not use it...

 

I'd try and discuss it with the client calmly and professionally, but if that doesn't help resolve it, make sure they understand that they can not use your material if they didn't pay for it, and should they use it, you can do a take-down notice.

 

Active Member
Holly J Member Since: Apr 12, 2019
46 of 61

I covered that base at least, and they claim they're not going to use any of my work, but I'm going to keep an eye on their website just in case. Even if they do use it, thanks to them inevitably disputing my time, I won't have the money to take something like that to court.

 

Thanks for your input, Petra, if anything I have some more great work for my portfolio, and I'm free to pitch it to magazines or use however I please.

Community Guru
Petra R Member Since: Aug 3, 2011
47 of 61

Holly J wrote:

I covered that base at least, and they claim they're not going to use any of my work, but I'm going to keep an eye on their website just in case. Even if they do use it, thanks to them inevitably disputing my time, I won't have the money to take something like that to court.


You don't need money or take anyone to court. If they (should) publish your work you could just issue a take down notice for free.

 


Holly J wrote:

if anything I have some more great work for my portfolio, and I'm free to pitch it to magazines or use however I please.


That's the attitude Smiley Happy

A great portfolio item may well be worth more than they were going to pay you for it in the long run!

 

Community Guru
Richard W Member Since: Jun 22, 2017
48 of 61

Hi Holly. If it was me, I would try to guilt them into paying what they owe you, or at least giving you good feedback. The trouble is that, if you get paid nothing on the contract, and have no feedback, it will have a significant negative effect on your JSS, when you get one.

 

It sounds like the woman who hired you was genuine, but maybe she didn't have the boss's approval to do so. Anyway, I would point out to her that the company is in breach of contract, and even though it's not practical to pursue a legal remedy, they have a moral obligation to pay you for the work you've done. Perhaps she will put some pressure on the boss to pay, or failing that she may be able to give you good feedback without having to get the boss's permission. It's worth a try, in my opinion.

Community Guru
Tonya P Member Since: Nov 26, 2015
49 of 61

Richard W wrote:

Hi Holly. If it was me, I would try to guilt them into paying what they owe you, or at least giving you good feedback. The trouble is that, if you get paid nothing on the contract, and have no feedback, it will have a significant negative effect on your JSS, when you get one.

 

It sounds like the woman who hired you was genuine, but maybe she didn't have the boss's approval to do so. Anyway, I would point out to her that the company is in breach of contract, and even though it's not practical to pursue a legal remedy, they have a moral obligation to pay you for the work you've done. Perhaps she will put some pressure on the boss to pay, or failing that she may be able to give you good feedback without having to get the boss's permission. It's worth a try, in my opinion.


I dunno. It sounds more like a set-up from the start to me. Requiring manual hours is a scammer trick to get work without paying. Then, accuse a new freelancer of plagiarism so that they'll just let it go and not dispute. The whole thing sounds like a setup. I would wait until their last chance to pay has passed and then immediately publish the work somewhere before they do so. (And, of course, issue a takedown notice--https://copyrightalliance.org/ca_faq_post/dmca-notice-and-takedown-process/ --if they try to publish it as well.) 

Community Guru
Petra R Member Since: Aug 3, 2011
50 of 61

Tonya P wrote:


I dunno. It sounds more like a set-up from the start to me. Requiring manual hours is a scammer trick to get work without paying.


I do not believe for one minute that the client "required  manual time."

From what I can gather, manual time was allowed and the OP didn't know that to track her time properly she'd have to log her hours with the tracker.

 

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