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rlucman
Community Member

How to close or banned an account

One of my full time staff/team member resigned and asking my Agency clients to hire him, it's unfair to my agency, I've been working hard for my Agency, I trust him to join my agency, he join my agency as a full time employee, now he resigned and ask my clients to hire him.

I want his account to be banned or close.

ACCEPTED SOLUTION
reinierb
Community Member


@Roy L wrote:

Hi Reinier,

Yes I have an agreement with my former agency member that  he will not approach your clients for work, he is working with my as a full time employee.


 Hi Roy,

 

I see. However, the problem is that this person is no longer a member of your agency, and is therefore no longer bound by the agreement you had with him. Even if you have some form of "non-compete" agreement with this person, the chances that you would be able to enforce it are slim to non-existent, so if I were you, I'd just suck it up and move on.

 

Forget about about this person, and find someone to replace him. Worrying about this, or trying to fight it is simply not worth the time, energy, and money that you think it is. 

 

 

  

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8 REPLIES 8
reinierb
Community Member


@Roy L wrote:

One of my full time staff/team member resigned and asking my Agency clients to hire him, it's unfair to my agency, I've been working hard for my Agency, I trust him to join my agency, he join my agency as a full time employee, now he resigned and ask my clients to hire him.

I want his account to be banned or close.


 Do you have exclusivity agreements with you agency clients? Are they bound by some form of contract/agreement not to hire former members of your agency? Do you have an agreement with your former agency member that  he will not approach your clients for work?  

rlucman
Community Member

Hi Reinier,

Yes I have an agreement with my former agency member that  he will not approach my agency clients for work, he is working with my as a full time employee.

reinierb
Community Member


@Roy L wrote:

Hi Reinier,

Yes I have an agreement with my former agency member that  he will not approach your clients for work, he is working with my as a full time employee.


 Hi Roy,

 

I see. However, the problem is that this person is no longer a member of your agency, and is therefore no longer bound by the agreement you had with him. Even if you have some form of "non-compete" agreement with this person, the chances that you would be able to enforce it are slim to non-existent, so if I were you, I'd just suck it up and move on.

 

Forget about about this person, and find someone to replace him. Worrying about this, or trying to fight it is simply not worth the time, energy, and money that you think it is. 

 

 

  

rlucman
Community Member

Hi Reinier,

Thank you for the advised.


petra_r
Community Member

What the freelancer is doing is not against Upwork's terms of service.

Agencies do not "own" either freelancers nor clients on the platform.

 

If you have some agreement with the freelancer which is being breeched you may need to consult a lawyer.

 

 

reinierb
Community Member


@Petra R wrote:

What the freelancer is doing is not against Upwork's terms of service.

Agencies do not "own" either freelancers nor clients on the platform.

 

If you have some agreement with the freelancer which is being breeched you may need to consult a lawyer.

 

This is true, but only if they are both in the same country.  


 

petra_r
Community Member


@Reinier B wrote:


If you have some agreement with the freelancer which is being breeched you may need to consult a lawyer.

 

This is true, but only if they are both in the same country.  


 


 I you're rich enough you can sue anyone worldwide. It is unlikely to bring any benefit even if they are both in the same country, let alone if they are not, but he is free to spend some money on a lawyer to tell him this ๐Ÿ˜‰

 

reinierb
Community Member


@Petra R wrote:

@Reinier B wrote:


If you have some agreement with the freelancer which is being breeched you may need to consult a lawyer.

 

This is true, but only if they are both in the same country.  


 


 I you're rich enough you can sue anyone worldwide. It is unlikely to bring any benefit even if they are both in the same country, let alone if they are not, but he is free to spend some money on a lawyer to tell him this ๐Ÿ˜‰

 

Of courseSmiley Happy

 

 


 

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