Q: Legal Consultation Request: Upwork Account Suspension and Procedural Inconsistencies
I was a long-time user of Upwork, relying on the platform for professional opportunities. My account was permanently suspended due to a job I posted 18 months prior, which Upwork claims violated their Terms of Service under Section 3.2 ("Acting misleadingly or fraudulently"). The job requested freelancers create verified social media profiles and required them to submit one profile as part of their application, inadvertently asking for free work. While I now understand this was a violation, the job was reviewed and approved by Upwork’s system at the time, leading me to believe it complied with their rules. Furthermore, I never benefited from or received any free work from this posting. The 18-month delay in enforcing this suspension, combined with their approval of the job, feels procedurally unfair and has caused significant emotional and financial damage. I seek to explore my legal options to address this apparent inconsistency and the harm caused by their actions. *Non-US citizen.
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- California
- (916) 704-3009
- View Profile
- Answered
A:
Your situation highlights several important legal considerations regarding Upwork's enforcement of their Terms of Service and the doctrine of laches (unreasonable delay in making legal claim).
While Upwork's terms give them broad discretion to suspend accounts, the 18-month delay between the posting and suspension, combined with their initial approval of your job posting, could support arguments about inconsistent enforcement and detrimental reliance. However, California courts generally uphold platform companies' rights to enforce their terms of service, even if enforcement appears delayed or inconsistent, as long as the underlying violation is valid.
Your best course of action might be pursuing alternative dispute resolution through Upwork's appeal process, emphasizing your good faith compliance with their system's approval and the lack of actual harm to freelancers. If that fails, you could consider filing a complaint with the California Department of Consumer Affairs or consulting with an attorney who handles platform disputes - though as a non-US citizen, you'll want to verify jurisdiction requirements. Keep in mind that litigation costs may outweigh potential recovery, so document everything and focus first on administrative remedies and negotiation.
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