anything in the official TOS for a hostage situation?

[f962d784]

hey guys, in the official TOS I see terms to prevent freelancers from "threatening" for good feedback.  This can happen in reverse as well from the client side:

client can hire someone for fix price, and keep demanding free labour.  If freelancer doesn't accept, he/she will threaten with a bad feedback score.  Simple as that. Doesn't matter who is right or wrong, fact is it's a hostage situation.

From what I've learned from other upwork feelancers, this is a normal practise and there's no specific TOS here for that, or am I wrong?

[sjbercot · Accepted solution]

No, this is NOT a normal practice. In dozens of contracts over years, I have never had a client try to manipulate me for free work with feedback. It is in fact against ToS:

Attempting to or actually manipulating or misusing the feedback system, including by:

• withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
• attempting to coerce another User by threatening to give negative feedback;

It is also against ToS to ask you to work for free. 

[f962d784]

Hi Sarah thanks for the reply!  Not trying to be difficult here I really could not find anything under "abuse" or code of conduct on the client side, the word I was looking for is "coerce"!  Finally found it, exact terms at https://www.upwork.com/legal#terms-of-use for anyone else reading.

Thanks so much!

[petra_r]

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Peter P wrote:

From what I've learned from other upwork feelancers, this is a normal practise 

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It is not "normal practice"

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Peter P wrote:

there's no specific TOS here for that

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It is against the ToS

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Peter P wrote:

or am I wrong?

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Yes, you're wrong.

Maybe read the ToS? And/or, better still, choose and manage your clients and contracts professionally and carefully, then this kind of thing should rarely, or never happen to you.

[VladimirG]

Hi Peter,

I see Sarah and Petra already advised on the scenario you mentioned and finding the related TOS section. I'd like to follow up and invite you to use the "Flas as inappropriate"/ "Report message" options or contact Customer Support in case you receive a request like the one you mentioned. You can find more information here.

[f962d784]

Hi Vlad, thanks so much. I'm reading the Flag page too.  If I flag someone for coehersion, does the offending person know? What could Customer support possibly do? 

"I'd hate to see a bad review on your profile", etc... but really what can be done about this?

When I talked to upwork support, they simply said client can leave a bad review as long as we worked together.  I didn't ask if reviews can be removed for us lowly NON-TOP rated people if the client is breaking the T.O.S or not?

So yea I do feel trapped and I agree with others here it seems the best way is to vet clients very very veryyy carefully and structure carefuly.  Def lesson learned for me.

[lysis10]

I came in here for the hostage situation. OP didn't deliver.

[wlyonsatl]

Peter P.,

Please come back to this message board and let us know if Upwork agreed you suffered abusive client behavior that Upwork needed to step in and help resolve and, if so, how it was resolved for you.

Good luck!