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Freelancer gone wrong!

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10 comments, last by frob 9 years, 2 months ago

I'd like to see if I can get the communities opinion on a sticky situation that happened earlier this morning. First some backstory. I'm 2 days away from my final days at work as a software engineer, I gave in my two week notice and piled up some money that I can live off of to buy me 1 years worth of time to work and invest in a project I want to work on.

Time is what is most valuable to me right now, and I have hired a few very good freelancer who have been working with me to bring an indie game I'd like to complete to life. I recently reached out to receive some help with getting a web page designed, in the transaction we had a work agreement where no content I share with the person is supposed to be publish without my permission. This is important because I gave the person about 10 weeks worth of art updates I planned to stretch out in weekly intervals just incase I have a slow week of development so I can still have content to post on my twitter or facebook to keep the project always looking active.

Long story short, he decided to take it upon himself and register a facebook page in my projects name where he proceeded to release all the art I gave him (luckily I still have more art, but thats beside the point). He messaged me letting me know he also wants to be in charge of my facebook + twitter + social media & customer service, for many reasons I can't have someone else acting on behalf of my project that isn't me or authorized by me since I'm taking this project very seriously for obvious reasons (i.e quitting job)

I told him to remove the content and he did, but he refused to delete the facebook page because he wants to be in charge of the social media, he apologized profusely. At this point I'm not to sure if there is any real bad intentions or not, but as of right now I can't trust him to work on the project with me and I don't exactly know how to handle it. We did have an agreemant where I would pay him to design the look and feel of the website, should I just pay him the amount we agreed and tell him we should go our seperate ways? will this send him into a defensive position where he might want to continue acting as me or my project and try to make his own page or twitter? Should I only pay him a partial amount since there was a breach of agreement?

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A while ago I discovered that there was a person on Facebook who was impersonating me and I reported the profile and FB actually deleted the person.

Perhaps they will do the same if you contacted them?

It is worth a try.

That freelancer is exhibiting inexcusable behavior - it really is black-mail IMO.

I assume that you can prove that you started your own project?

If so, then you can just take that person to the pillory and let him suffer.

Should you negotiate with hi-jackers?

I vote that you shouldn't.

Too many projects; too much time

I see no mention of the word 'contract.'
You need(ed) a signed contract if you expect to enforce the agreed terms with legal action. If I understand the issue you described, he breached your 'non disclosure agreement.'

I would print my emails with that person and bring them to a lawyer. Some lawyers can give you the first hour for free. I would do this before taking any action on my part.

I would also watch this video, it's explicit in the importance of a signed contract: https://vimeo.com/22053820

we do have a digitally signed contract, pursuing legal action is not really realistic.

Your lawyer will tell you what's the best way to act to protect your interests in this context, and this may involve him personally talking to that person you hired. This doesn't necessarily mean going to court if that person is cooperative.

See with your relatives and friends if they know of any lawyers you could come in contact with.

EDIT: The reason why you're seeking a lawyer is that this is a critical moment and you want to avoid making layman mistakes like threatening or bargaining with that person.


I'm 2 days away from my final days at work as a software engineer, I gave in my two week notice and piled up some money that I can live off of to buy me 1 years worth of time to work and invest in a project I want to work on.

Have you regarded costs beyond pure living and buying some art, like paying a laywer, or in general, all the business related costs ?


in the transaction we had a work agreement where no content I share with the person is supposed to be publish without my permission.

If this is a kind of NDA, which he disregarded, there's no reason to keep up the business relation. Go and consult a laywer, learn about this experience and consult a laywer to avoid this situation in the future.

The sad side of hobby/indie game development targeting a commercial goal is, that the business part is often more important than the pure development part (yep, this stinks).

while you might be on the right side, it's not always of advantage to enforce it.
as an indie and game developer in general you will deal a lot of times with that kind of stuff, there will be kids telling wrong shit about your games etc. and while it's your right to sue everyone, it might put you in a bad light.

if your game is in anyway successful, kotaku might dig out how you've ended up with your contractor and make it a big deal, and if you don't reply to that, you will stay in bad light and if you reply, they might put you in an even worse light.

legal actions should be really the last resort. try very hard to find a diplomatic way. tell him you like his proactivity, but for legal reason you have to have ownership about all property and therefore also copyrights which includes facebook, twitter pages etc. maybe even offer him that he can do the marketing stuff for you, but under your controll.

a lot of your contractors will have flaws, it would be of course nice to just keep those that are perfect, but as your own boss now, you will need to learn how to deal with flawed ppl.



every team I've led was composed of ppl with flaws, that were professionals, don't expect contractors to be flawless, about their flaws and take advantage of their proactivity and figure out what the best reward is ( sometimes telling someone their proactivity is afantastic will make them do a better job then giving them a rise/bonus)

In any case, do let him go, you can't afford to keep someone like that who doesn't understand what he is and isn't allowed to do but worse tries to force your hand with your OWN property.

I thank everyone for their input, here are some tidbits of information.

A few of you mention speaking with a lawyer, honestly thats overkill in this situation + they are in a completely different country its not realistic to get the law involved because some content that I was gonna slowly release anyhow gets leaked out 6 or 7 weeks ahead of time.

I'm seeing there is alot of "business management" that takes away from my time developing but for the most part I'm okay with it and things are still running smoothly, and as far as my funds are concerned I should have enough, but I don't really plan on needing a lawyer honestly.

My plan is to let him go, but I'm trying to think of the best way to do it cause i can see pros and cons in the different approaches. If i let him stay to finish the design work he was originally contracted for he might make a bigger deal about sticking around in the long run, If i end our relationship early he might react negatively towards that.

My plan is to let him go, but I'm trying to think of the best way to do it cause i can see pros and cons in the different approaches.

Your lawyer will tell you what's the best way to act to protect your interests in this context

I can't think of any way other than quoting my own post to make you understand that lawyers can give you valuable advice (and not only "file lawsuits" as you seem to imagine).
Best of luck.

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