Hello and welcome to our community! Is this your first visit?
Register
Enjoy an ad free experience by logging in. Not a member yet? Register.
Results 1 to 9 of 9
  1. #1
    Regular Coder
    Join Date
    Apr 2011
    Posts
    143
    Thanks
    3
    Thanked 1 Time in 1 Post

    Not sure where to post this. Legal actions...

    Hey all,

    I recently hired a web developer to convert a PSD to a wordpress template.
    Long story short, it was problem after problem, I left him a bad review on freelancer and he flipped out. Some how got onto my server and deleted my entire online Magento store. As you can imagine I am loosing a lot of business because all of it was delete including magento.

    My question is, if any of you can answer it, what kind of legal actions can I take against this? I'm furious as you can understand, my entire online store is now down. I want to and need to take further action against this prick.

    Thanks,
    Jon

  • #2
    Master Coder
    Join Date
    Jun 2003
    Location
    Cottage Grove, Minnesota
    Posts
    9,495
    Thanks
    8
    Thanked 1,089 Times in 1,080 Posts
    First ....
    Ask your webhost if they happen to have an archived copy somewhere in their backups.
    Even if it means paying a fee to have them retrieve it.

    How could you prove it?
    One might argue that you accidently deleted it.

    So, I don't think there's much you can do.


    .

  • #3
    God Emperor Fou-Lu's Avatar
    Join Date
    Sep 2002
    Location
    Saskatoon, Saskatchewan
    Posts
    16,987
    Thanks
    4
    Thanked 2,660 Times in 2,629 Posts
    This definitely doesn't belong in the PHP forum. I guess career advice makes the best sense.

    I presume you have a regular backup you can recover from as well. I'm with mlseim; it matters not what you know, its what you can prove. You can contact a laywer, but I would bet that there is little to nothing you can do.

  • #4
    Rockstar Coder
    Join Date
    Jun 2002
    Location
    USA
    Posts
    9,074
    Thanks
    1
    Thanked 328 Times in 324 Posts
    Building on what the others have said, are you and the freelancer even in the same country? If you aren't there that will make any legal action all the more complicated.
    OracleGuy

  • #5
    Senior Coder
    Join Date
    Apr 2010
    Posts
    1,447
    Thanks
    71
    Thanked 102 Times in 101 Posts
    A bit of advice, use contracts and once the work is done, change your passwords.

  • #6
    Regular Coder
    Join Date
    Apr 2011
    Posts
    143
    Thanks
    3
    Thanked 1 Time in 1 Post
    I have clear evidence, he sent me emails saying if I didn't remove my bad feedback I gave that I would regret it, he also gave me a 30min timeline to remove the comment. He counted every 10 mins he sent an email.

    So I have sufficient evidence that clearly shows this was an act of a doucher and not myself on accident. He is in a different country.

    I went ahead and removed the bad feedback as much as I didn't want to, I needed to get my files back. I tried to contact my hosting company but apparently they only let you leave a voice mail and not actually talk to someone.
    When I removed the feedback he emailed me my files and told me to re-install.
    Quite frustrated about it, but I don't just want to leave it at that. I would really like to get back as this guy for the inconvenience and business lose I experienced in my sites down time.

  • #7
    God Emperor Fou-Lu's Avatar
    Join Date
    Sep 2002
    Location
    Saskatoon, Saskatchewan
    Posts
    16,987
    Thanks
    4
    Thanked 2,660 Times in 2,629 Posts
    Quote Originally Posted by dazd View Post
    I have clear evidence, he sent me emails saying if I didn't remove my bad feedback I gave that I would regret it, he also gave me a 30min timeline to remove the comment. He counted every 10 mins he sent an email.

    So I have sufficient evidence that clearly shows this was an act of a doucher and not myself on accident. He is in a different country.

    I went ahead and removed the bad feedback as much as I didn't want to, I needed to get my files back. I tried to contact my hosting company but apparently they only let you leave a voice mail and not actually talk to someone.
    When I removed the feedback he emailed me my files and told me to re-install.
    Quite frustrated about it, but I don't just want to leave it at that. I would really like to get back as this guy for the inconvenience and business lose I experienced in my sites down time.
    This is clearly an unsavory person you have dealt with.
    Unfortunately, email IMO is not sufficient alone as evidence. It is exceedingly easy to spoof an email, and its highly improbable that an ISP would be willing (or obligated) to provide documentation stating the originating location.
    OG's right, being in a different country sure isn't going to make things easy. The contract you have is what will be your saving grace; exploit it as an insufficient / insecure product which should be in contravention of the contract (assuming the contract states a fully functional product for return). This will effectively null the contract deal providing you with a full return of monies paid since the developer clearly didn't provide you with the product promised.
    I'd take your contract to a lawyer and go from there.

    For this reason alone I'd recommend to a client that I be provided with a staged environment matching their production build. I would then provide them with instructions on the movement of the software from stage to production on their own, unless they really prefer that I provide the finished product into the production environment, for which I then provide them with instructions on changing their database, ftp / ssh user passwords and re-configuring the application. It is not my business as just the developer to know this information. Exception would go against any contract for which I provide data entry or personal update work for which I would require access to do so.

  • #8
    Rockstar Coder
    Join Date
    Jun 2002
    Location
    USA
    Posts
    9,074
    Thanks
    1
    Thanked 328 Times in 324 Posts
    A couple tips for the future:

    1) Always keep backups of your production site even if your hosting company also does them (which really I would hope they do)
    2) When working with a contractor if things aren't going well and you are going to break off the deal and give them negative feedback, change any passwords to your site or systems before your do tell them or post something so they can't be childish like this person.
    3) If at all possible don't give 3rd party contractors access to production websites/systems. They should have their own server they can use while they work. And once they are ready to install, have them install it onto a test server for you then you can promote the changes to your real site.

    In this case once you get your site back up and running then I would make sure all the passwords are changed, even ones you don't think they had. And if you are using a backup copy he made, I would look through the code for any alterations. If you aren't a developer, I would hire a 3rd party to look at it for any time bombs or exploits added.

    Then I would put the bad feedback up and I would also mention in your feedback what they did. If they are working on some freelancer website and have an account, I would also try and contact the sites admin to report such unprofessional behavior. Maybe they can ban his account.

    As for further retaliation, I would talk to a lawyer and see what your options are. But the whole different countries thing is going to make it difficult I suspect.
    OracleGuy

  • #9
    The fat guy next door VIPStephan's Avatar
    Join Date
    Jan 2006
    Location
    Halle (Saale), Germany
    Posts
    8,666
    Thanks
    6
    Thanked 1,006 Times in 979 Posts
    And now that you have your files back you can also put the bad review back up to the site and add what happened when you first added the bad review. That’ll show him.


  •  

    Posting Permissions

    • You may not post new threads
    • You may not post replies
    • You may not post attachments
    • You may not edit your posts
    •