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Input needed

Moderator
Avery O Moderator Member Since: Nov 23, 2015
11 of 14

Hi Luc, 


I checked your wife's ticket and can see that the team has continuously responded to her email. We won't be able to discuss details in the community about another account, but we'll make sure to follow up with the team handling her case so that they can get back to her. 


-Avery
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Community Guru
Catherine M Member Since: Jan 20, 2017
12 of 14

Yes but she is not an employee so employment laws such as what you described are not applicable. She is running a business through Upwork and has a client. She and the client went against the TOS and Upwork has a right to enforce the terms that both the client and freelancer violated. Since we are talking legalities, if this were viewed in a court of law, Upwork would only need to present their TOS as an argument. Should Upwork reinstate her, it would be great but keep in mind that it is the company's prerogative and has nothing to do with as you put it "human dignity" or "common sense".

Active Member
Luc P Member Since: Apr 30, 2017
13 of 14

Avery, yes, my wife did receive reply to her emails. From what I understand, her case is now under Marketplace Appeal.

 

Catherine, I agree with you that we are freelancers and not employees.  I guess my perception is biased due to the fact that where I live, the line is not that bluntly drawn when it concerns the rights of these 2 types of workers. For example, freelancers mothers can take a paid maternity leave of up to 50 weeks. Also, freelancers are entitled to unemployment benefits as well as to public workers compensation  benefits if they get injured while doing a job for a client. And freelancers are entitled to contribute, just as employees, to our provincial pension plan. Hence my reference to progressive disciplinary action, which, in my opinion, is not completely irrelevant, considering its application as a principle in different areas of law. I am thinking here of criminal law, but also disciplinary law. Let's say a lawyer fails to follow his profession's code of conduct. Depending of the infraction and harm done, the disciplinary committee will usually impose a warning or a temporary suspension. Rarely have I seen a permanent disbarring for a non-criminal first offense. And what about the demerit points system on a driver's license. I don't think it would be common sense to revoke permanently someone's drivers license the first time that person exceeds the speed limit.

 

Now, when you say that if my wife’s case were viewed in a court of law, Upwork would only need to present their TOS as an argument.  I don’t know about other jurisdictions, but where I live, the Upwork agreement would be considered a “contract of adhesion”, meaning  an agreement where  only one of the parties gets to impose all the clauses and where there is no negotiation possible. 

 

**Edited for Community Guidelines**

 

 Well I guess my ranting is just an illustration that different backgrounds lead to different perceptions about the same objective facts.

 

Luc

Community Guru
Catherine M Member Since: Jan 20, 2017
14 of 14
I respect your views and you are right about different perceptions about the facts. At the end of the day, the only opinion that will matter (in this case) is that of the deciding parties at Upwork. I wish your wife much success regardless of the outcome.
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