Legal Question in Employment Law in Massachusetts

I am a freelancer in MA using an online Client/Freelancer connection service: Upwork. Upwork controls the contract and payment process between client and freelancer, having the ability to hold freelancer payment.

I have been using the site for about 9 months, have completed multiple jobs with (so far) perfect ratings. I received an email this morning that Upwork needs to verify my identity, and in order to do this they need to have a video chat with me to ask questions about my Upwork profile details. Here's the kicker: they demand to be given access to control my personal computer's webcam and microphone for this interview. Is that legal?

My account is placed on limited hold until I do this (I cannot submit proposals for new work). They say if I do not complete this in a week further restrictions will be placed on my account.

I looked at Upwork's community forum where many freelancers are complaining. It seems I am not singled out because of anything I did, this is just something Upwork randomly does. One freelancer was told that payment would not be withheld because of this issue and then Upwork did withhold payment.

For me, I am not worried about payment at the moment. Holding my account hostage unless I give control of my personal computer to them feels like a gross invasion of my rights. This is currently my sole source of income so I will comply or risk losing a couple contracts this week.

What is the law? Can they do this?


Asked on 6/25/18, 9:32 am

1 Answer from Attorneys

They can require you to have a call if that is part of their agreement. With respect to the access to your computer, make it clear that you are not giving them access to your files or personal information only and exclusively for the purpose of having a video conference.

Without reading your agreement with them I cannot comment on their ability to retain fees paid, However, generally speaking the cannot hold money due you without a good reason and not having this requested confirmation is not one of them.

I would suggest you ask if you can have a conference using Skype, as you are concerned about virus and access to your clients' information and sensitive personal information.

Good Luck

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Answered on 6/25/18, 10:01 am


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