Suing Upwork and/or Freelancer

[#1]

Hello Upwork Community- 

I am looking for a possible answer as I have not had any resolve through the proper channels. I recently contracted an agency that Upwork is allowing to scam me. I have tried multiple times over the past several months to obtain a resolution and I was not provided any support. 

I expressed my concerns during the dispute process and was never provided an equitable solution and the case was closed. I am looking to sue the agency for breaking the legal contract that they signed and for not providing the service that was paid for and not delivered. 

My Questions 

Can I sue the freelance company for scamming me and  not providing the service that they claimed to have completed , but was not and I paid for?

Can I sue Upwork for allowing its customers  to be scammed and continuing to allow the company to do business on their platform ? 

[#2]

Hi Jon,

I am sorry to hear about your experience on Upwork. Could you please elaborate further on your experience and share the job title or contract ID with the freelancer you are referring to? 

- Pradeep

[#3]

Hi, Tiffany.  I experienced a horrifying situation where a client did not pay for many hours rendered and when I told her that I could not move forward with the work until she compensated me for services rendered, after she sent multiple messages telling me how much she loved working with me and wanting to continue and me holding professional boundaries asking for payment for the work completed (including 8.5 hours of RECORDED video sessions), she canceled the contract and wrote a review that was completely made up.  She put on there that she had been in a car accident, lost a baby and that I wouldn't be flexible.  The truth was that she had shared with me that the accident had taken place over a year before I worked with her and that she was happy it happened because she was getting a lucrative lawsuit.  Even though I had sent Upwork a recording of her telling me this and multiple text strings to back up the communication, they told me that the testimonial was her opinion.  It was defamation of my character and completely false.  She said other very damaging things that were not true.  Upwork took down my growing status and upheld this testimonial on my account.  The only reason I remained on the platform was due to having 2 jobs.  I feel your pain and just wanted to say that the best thing you can do is hold your head high and continue doing your good work.  The loss on my end was $2000 but these horrible situations make us more discerning and better in the long run.  

[#4]

upwork facilitates federal wire transfer fraud by allowing freelancer to post fictitious resumes. 

[#5]

Hi Rj,

It sounds like you may have had a bad experience with a freelancer, is that right? We're sorry to hear it if that's the case. We take great measures to keep our global marketplace safe, and we’re committed to doing our best to prevent or address suspicious activity. I checked your account but don't see any activity, could you please send me a private message with more information about your experience so I could check and assist you accordingly?

[#6]

Dear Upwork Team,

I appreciate the opportunity to address your inquiry regarding my recent public post. Allow me to provide context to shed light on the situation.

I enlisted the services of a computer programmer through Upwork, formerly known as oDesk, to develop a web application. The decision to hire was supported by funds from a close friend who believed in my project.

Unfortunately, the programmer misrepresented their qualifications by fabricating a college degree from a reputable university on their resume. This deceitful act was not only unethical but also aimed at deceiving and defrauding consumers.

My concern lies not only with the individual's actions but also with the platform's role in facilitating such deception. Upwork's involvement in the transaction, without proper verification of credentials, inadvertently promotes fraudulent behavior. This lack of diligence creates obstacles for consumers and undermines the trust in the platform.

I firmly believe that Upwork's failure to verify college degree claims not only perpetuates fraud on a federal and international level but also poses a significant risk to consumers.

I hope this clarification provides insight into my recent public post. I remain committed to ensuring transparency and integrity in all business transactions.

Furthermore, c<span;>ases involving individuals who have been found guilty of providing false education references on their resumes can vary widely in terms of legal outcomes. However, there have been instances where individuals have faced termination from their jobs and been held financially liable for their fraudulent claims. One notable case is the story of Ronald Zarrella, who was fired from his position as CEO of Bausch & Lomb in 2002 after it was revealed that he had falsely claimed to have an MBA from NYU. Zarrella was not only terminated from his job but also faced scrutiny and financial consequences for his deceitful actions. While each case is unique and outcomes can differ based on various factors, precedents like these demonstrate the potential legal ramifications of fabricating education credentials.
Sincerely,

Rj

[#7]

platforms can potentially be held liable if they are found to have knowingly facilitated fraudulent activity or failed to take reasonable steps to prevent it. This could include cases where a platform neglects to verify the credentials of its users despite claims of qualification.