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sibiriak
Community Member

If a client who hired is a scam

If a client who hired is a scam. But he's honest like an Upwork client. He pays for jobs. But his business is a scam, do responsibility of his actions go to me? What does the law says about that, and does Upwork have some protection from the responsibilities of criminal goals of a hiring client?

13 REPLIES 13
martina_plaschka
Community Member


Elijah B wrote:

If a client who hired is a scam. But he's honest like an Upwork client. He pays for jobs. But his business is a scam, do responsibility of his actions go to me? What does the law says about that, and does Upwork have some protection from the responsibilities of criminal goals of a hiring client?


You need to be more specific, though nobody here will give you legal advice which depends on what country you, the client, or any other party is in. 

The responsibilty to not accept jobs that you feel are unethical orr illegal is definitely with you, upwork will never accept any liability for that. 

Martina is right. Your question can not be addressed meaningfully as a generality. In a sense, all Upwork jobs could be considered a "scam" by a person who doesn't believe in the underlying principles of freelance work.

 

I see ads for soda on television which imply that if I buy the product I will have a happy life surrounded by fun-loving attractive people. This is a scam, but it is perfectly legal.

AleksandarD
Community Manager
Community Manager

Hi Elijah,

 

Could you please send me a private message with more information on this so that I can check and assist you further?

Thank you.

~ Aleksandar
Upwork
feed_my_eyes
Community Member

If you get paid to carry out work that you know to be a scam, then that makes you an accomplice. Upwork can't protect you from legal proceedings.

sibiriak
Community Member

If a client who hired is a scam, does the responsibility cover me too? What does the law say about that and does Upwork protection on this for freelancers? For example, a client finds investors for a fraudulent startup and I need to do lead generation. Am I responsible?

But the client can be honest as a client. He pays.


Elijah B wrote:

If a client who hired is a scam, does the responsibility cover me too? What does the law say about that and does Upwork protection on this for freelancers? For example, a client finds investors for a fraudulent startup and I need to do lead generation. Am I responsible?

But the client can be honest as a client. He pays.


If you're knowingly engaging in fraudulent activities then yes, you may be culpable. 

petra_r
Community Member

How does this differ from this morning's question?

 

If you knowingly get involved in something shady, you can be assured that Upwork will wash its hands of you in an instant. There is no protection for getting involved in shady stuff.


Elijah B wrote:

If a client who hired is a scam, does the responsibility cover me too? What does the law say about that and does Upwork protection on this for freelancers? For example, a client finds investors for a fraudulent startup and I need to do lead generation. Am I responsible?

But the client can be honest as a client. He pays.


It sounds like you already know that you shouldn't be involved in this, and just want reassurances about being caught. It doesn't matter if your client is "honest" and pays you. If you helped someone rob a bank and they paid you for it, would that make it okay? Would the police let you go if you explained that it wasn't your idea and you were only following orders? Of course not.

I just want to know if it is one of these:

Screen Shot 2020-08-25 at 11.11.26 AM.png

 

Or more like this:

Screen Shot 2020-08-25 at 11.11.55 AM.png

 

Either way, please tell us more.

That's the thing) I don't know. It just seems to me, that the site looks like a startup about nothing. But, it will need to prove, right?)

I was talking about paying in a matter of his liability. He has a good history on Upwork. 

re: "That's the thing) I don't know. It just seems to me, that the site looks like a startup about nothing."

 

You can't say someone is a scammer based on them not having much of a website.


Elijah B wrote:

If a client who hired is a scam, does the responsibility cover me too? What does the law say about that and does Upwork protection on this for freelancers? For example, a client finds investors for a fraudulent startup and I need to do lead generation. Am I responsible?

But the client can be honest as a client. He pays.


You might be surprised to find that people that conduct fraudulent activities are not the most honest clients and might even scam you, but from your repetitive asking the same question I'd say you're heck-bent to find out for yourself.  

Listen to Martina.

 

If the client's industry is one you know well, it's possible that what the client is doing might appear to be a  scam, but isn't. Then again, if you know the industry well, you're the one I'd come to with a question about the industry.

 

I have sufficient depth in most industries to uncover a scam with the exception of legal representation and perhaps half a dozen more esoteric ones. That doesn't mean I can explain the scam in detail, just that I will be pretty certain it is a scam. I tell every client that I never accept work without first exploring a fit with the client voice-to-voice. Your best guide is your gut. If it sounds like the client's basic business is a scam, and you will be facilitating his unethical or illegal activities, step away.

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