Category Archives: Unethical Virtual Assistants

Pay What You Owe

I’ve recently heard from several Virtual Assistants who have been having trouble getting paid from the VAs who engaged them. I hear from folks like this all throughout the year, but more so recently–seems to be an epidemic going on. They’re frustrated, not sure what to do and wonder what I think about it. So here are my thoughts on the whole topic…

It’s bad enough when Virtual Assistants get stiffed by clients. It’s adding insult to injury that they have to worry about this from their own colleagues.

I think it’s reprehensible and unethical to withhold payment from subcontractors because you are waiting for payment from YOUR client.

YOU engaged your subcontractors, not your client, so PAY THEM fair and square.

And if you don’t have the money, then maybe you shouldn’t be engaging them in the first place.

But subcontractors, you aren’t off the hook either…

Have Virtual Assistants who want to engage you sign YOUR contract, and YOU decide what rate you will accept–not the other way around. Just because you might subcontract doesn’t mean you have no say-so about how and when and what you get paid–but these things need to be established upfront.

That said, you don’t have any business talking about money or accepting work directly from clients that belong to the Virtual Assistant you are engaged with. If you’re going to be ethical about this, then you need to inform any clients who approach you in this manner that they need to go through the proper channels and talk directly with the VA whose client they are–and that’s not you. Those clients are not your clients–they belong to the VA you are subbing for.

Yet another reason why that whole “team VA’ term is so ridiculously idiotic. Unless you are an actual employee, you are not part of anyone else’s “team.” So stupid.

Never include in your contracts, or sign any contract, with any clause that says you don’t get paid until the client pays the VA you are subbing for. If you do, then you’re stuck waiting or not getting paid if their client doesn’t pay on time or at all.

And if you do sign a contract like that, don’t complain when you don’t get paid–you’re the dummy who signed it. It’s not anyone else’s fault but yours.

From a business standpoint, this is yet another example of why YOU have to be smart in your OWN business.

I get that some folks think this is the experience they need to gain confidence to go out on their own, and sometimes you gotta do what you gotta do to help keep some money flowing in. But never lose sight of the fact that when you are working for others (i.e., subcontracting), you’re building their business, not your own. You’re paid less, you lose a great degree of control over your circumstances, and you waste time and energy that could be spent growing your own client base and long-term success.

My advice (if you’re still nervous about engaging directly with clients):  Stop with the subcontracting and instead look for Virtual Assistants who want to engage you as their own support partner in the same way that any other client would retain your ongoing support. You would charge them your full monthly fee just like any other client and you’re going to learn a lot more about the business, managing it, and what it is to provide ongoing administrative support than you ever will doing piecemeal, nickel and dime subcontracting projects.

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Does This Hurt Our Relationship?

As you may know, I frequently have to deal with new Virtual Assistants (and sometimes not-so-new Virtual Assistants who damn well know better) who have stolen or plagiarized content from me. It’s my policy to give folks one chance to make things right. Beyond that, I hand it over to my intellectual property attorney. If I am particularly offended by the thief’s attitude and lack of accountability, I let folks know about it here on my blog.

Recently, yet another new VA had content on her site that belonged to me. Now, as I’ve said before, I don’t go out of my way to hunt for this stuff. But when it comes right under my nose, when they have the balls to steal from me and then register to belong to my community, that’s a personal affront. She eventually made things right, explaining that her web designer is the one who wrote up her content and she had no idea he was taking verbiage from other VA sites. She thought it was funny when he emailed her to take a look once it was done. As she read the home page, she thought to herself, “Wow, this guy sure knows a lot about the Virtual Assistant industry.”

She hoped that this hadn’t hurt our professional relationship in any way.

I could shine her on and be all fake and phony and tell her, “Oh, of course not!” But that would be a lie.

Once you steal from someone or do them harm in some way, they are naturally going to be distrustful of you. I mean, I don’t know you from Adam and this is my first experience with you? If you didn’t demonstrate integrity and common sense in the first place, what reason do I have to think you will in the future? And to be completely honest, “my web designer did it” is what they ALL say. That excuse is only ever really the truth maybe 1% or 2% of the time. It’s not my problem to figure out which is the case.

Life is too short to waste your time on people who have broken trust, particularly when you have no prior relationship with them in the first place. Why would I want to have a relationship with someone I felt guarded around and like I’d need to keep looking over my shoulder with them? Personally, I wouldn’t. Not when there are millions of other people in the world to be friends with who don’t start our relationship out by stealing from me. You are the one responsible for creating my view of you as someone who is untrustworthy.

Now, I do appreciate her efforts to mend the relationship. But she’s going to have to keep in mind that having made me wary of her, it might take awhile. Who knows, it might not happen at all. I don’t feel any obligation to extend any extraordinary benefit of the doubt to people who start our relationship out like this. It’s just too much energy.

So the real answer to her question (and I write about this here because there are lots of people out there who need to hear this) is that yes, it very much affects your professional relationships when you steal from people or engage in any other unethical conduct. Sure, people can make mistakes. But when you make a mistake, you still have to accept the consequences of your actions. And that might include the fact that you have cost yourself some opportunities and relationships.

PS: For the 1 or 2 percent of folks where “my web designer did it” is actually the case–web designers are not copywriters (generally speaking). Whether they took the content or you did, you are still responsible for what’s on your website. No one knows our industry like VAs so if you marvel at how much someone who isn’t a VA knows about our industry, chances are they really don’t. They just took stuff from other people. Write your own content. Or hire a real copywriter. Either way, anytime someone writes something for you, flat out ask them if they took content from any other sites. And if you find out that a web designer or anyone else writing on your behalf simply took or plagiarized someone else’s stuff, make sure you inform them loud and clear that that is copyright infringement, that it is unethical and illegal, and they have opened you (as well as themselves) up to legal liability.

And by the way, there isn’t one good reason you can’t come up with your own, unique content. In fact, I’ve written a very simple, comprehensive guide that walks you step-by-step through the process of crafting your very own unique and compelling marketing message. It’s called “Understanding Your Value.” Get that workbook and you’ll never have to “borrow” from anyone or use tired old industry rhetoric ever again.

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Virtual Assistant Ethics: What Do You Think?

I was contacted last week by the owner of a well-regarded training program for Virtual Assistants. The owner is not a Virtual Assistant themselves, but rather is an expert with an extensive background and expertise in the thing they are teaching (exactly as it should be). It had come to this program owner’s attention via a Google Alert that a new Virtual Assistant training/certification organization was offering a course with the exact same curriculum. What was particularly disturbing to the owner of this well-respected, well-known training program is that:

  1. The listed instructor for the course at the new training organization is a current student of this program owner.
  2. This student/instructor is taking material from this program owner’s course and converting it to hers.
  3. This new training organization is charging $150 per class, so the four class series is priced at $600, almost exactly what the original program owner charges, which would lead people to believe they are getting something of value taught by an expert.

The student-all-of-a-sudden-turned-instructor in question is a new Virtual Assistant with no background or experience in the course she is now teaching. What is also interesting is that the owner of the new training organization has posted in online forums that she would never pay anyone to learn this thing her own training organization is how offering and charging for; she would instead do her own research and teach herself… the underlying sentiment seeming to be that she begrudges anyone charging for training and she presumably thinks they should be doing it for free. Funny how her thinking has miraculously changed now that it is her own pockets the money goes into.

The program owner who contacted me about this is not only disturbed that this Virtual Assistant would take material in this way, but also concerned that unfortunate students won’t realize they are learning from someone who is not an expert, but has only taken a course–in fact, hasn’t even finished it at this point. It appears the owner of the new training program didn’t bother to do any due diligence in hiring this instructor to ensure that students were being provided something of value. One can’t help but wonder what other instructors were indiscriminately hired without any regard to background, qualification or expertise, and whether might they be using another person’s intellectual property as well.

Sadly, this isn’t an isolated incident. I know of several instances where this exact same thing has happened. Besides the dishonesty and stealing, what also bothers me  is seeing new VAs who haven’t achieved any level of success or experience and expertise in their own businesses turning around and selling crap to their colleagues. Why is it, I wonder, they can’t just concentrate on their own businesses? My guess is because it’s not easy growing a business and God forbid they should have to <gasp> actually work hard at anything.

So anyway, this got me to thinking about how much people understand about intellectual property. Even outside of that, are there any basic principles of right and wrong that folks easily identify here? What do you think?

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Unethical Virtual Assistants: Philippines Call Center

Imagine my surprise to see an article I wrote in 2004 that is well-known throughout our industry published in a release with another person’s name in the byline.

Here is a PDF of the screenshot of the release submitted by one “Johnny Law” from Philippines Call Center which contains just about 100% verbatim content from my article, “How to Succeed in the Virtual Assistant Industry:” http://www.virtualassistantnetworking.com/infringements/OfficeWire/120909InfringingRelease.pdf

Here is the original link (article has since been removed): http://www.officialwire.com/main.php?action=posted_news&rid=50855&catid=93

Here is my original article: http://www.virtualassistantnetworking.com/howtosucceed.htm

I tell ya, these Philippine agencies are fastly making a very bad name for themselves in our industry. And it’s too  bad because it hurts the reputations of whatever honest, ethical, legitimate Philippines agencies may be out there. Unfortunately, I’ve seen so many stealing other peoples’ content, committing all kinds of infringements and engaging in unethical practices that I don’t trust a single one of them.

I’ve emailed Official Wire and asked for the release to be removed. Hopefully they will honor the request expediently. We shall see. In the meantime, know that the Philippine agency responsible for posting my content is dishonest and unethical. If they engage in unlawful acts such as this, they are not to be trusted in any manner and should be avoided.

UPDATE 12/9/09: I heard back from the Official Wire site owner, Greg Smith. His comment: “Contact the author.” Um, I AM the author. I wonder if this Greg Smith is familiar with the DMCA? He is as liable for publishing unauthorized copyrighted content as the Philippine agency who submitted it and his site can be taken down. Why do these people need to make it so hard? Why can’t they just be honest? I swear.

If I were you, you may want to also avoid Office Wire. I’m not familiar with them, but on closer inspection, it appears that the site may even be one of those spam/scam sites. Most legitimate sites like this will remove infringing content without too much hassle once it is brought to their attention. You have to wonder why one would choose to favor a dishonest company over the rightful owner and author of the stolen content.

UPDATE 12/10/09: Well, this Greg Smith was a total and utter a-hole. Seriously. Which again leads me to believe that his “press release” site is some kind of front for other intentions. In an email exchange, it turns out he is in the U.K. and seemed to believe he was outside of any kind of copyright governances whatsoever. He flat out refused to remove the release and it became quite obvious he has a huge chip on his shoulder about Americans, stating that “you Americans think you rule the world.” So I asked him, since I’m always curious about how on earth some peoples’ minds work, what does being American have to do with expecting people to be honorable and ethical? I asked him why he would choose to cater to a dishonest company that submitted a plagiarized release over the actual author’s request when he could simply remove it? It’s his site after all. He had no response other than some circular argument that he didn’t have to remove it and to contact the author.

With some help from the awesome plagiarism removal expert Jonathan Bailey of Plagiarism Today, we found that OfficeWire.com is hosted by a U.S. company and thus subject to DMCA provisions. I emailed them today and they very quickly took action and the offending release has now been removed from the site. Easy peasy and also saving my IP attorney dollars for more important matters.


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GDE-38 Understanding Your Value

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Copyright Infringement: Lorean Tuff

Did my regular monthly plagiarism sweep earlier this week and discovered that a Lorean Tuff has taken whole sections of content from my personal business Home page and placed it on her site here: http://www.myownvirtualassistant.com/Home_Page.html

Here’s a PDF of the screenshot taken (note the yellow highlighted parts indicating the infringing use of my copy).

Here’s a PDF of my personal business Home page with the sections she took highlighted in yellow:

Also noticed she had appropriated EA to VA’s graphic and alerted Syndi Craig Hart to that fact as well, which she was none too pleased about.

I placed a call to Ms. Tuff, informing her of the infringement and letting her know that I expected it to be removed immediately. That was two or three days ago and she still has not removed it even though she assured me it would be taken down that day.

I will be having a DMCA filed to take her site down, but in the meantime, you might want to run through her site and see if she’s taken anything from you.

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What Would You Do? New Virtual Assistant Uses a Colleague's Business Name

So here’s a sticky situation that is occurring more and more often: A new Virtual Assistant enters the scene and proudly announces her new business name to the world. Problem is, it is identical or nearly identical to the business name of an established Virtual Assistant.

Your business name is an important and valuable asset. It helps creates a unique and distinctive identity of your business in the marketplace. It helps facilitate brand name awareness and word-of mouth advertising. When someone copies your name or uses a derivative, it creates confusion and unfair competition. Whiles registering your tradename affords you the greatest rights and recourse, it’s not the only way to exercise your rights and protect your turf. There are common law protections as well. You do, however, have to actively protect your name or you lose the right to lay claim to it. It therefore becomes necessary for you to keep a vigilant eye open for infringements of this nature.  The eyes and ears of your colleagues can be critical in this effort.

But forget legalities for the moment. Let’s look at this from a moral and ethical standpoint. Sometimes this is difficult, but it becomes less so when you first ask yourself the question: “How would I feel if it were done to me” or “How would I feel if that happened to me?”

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SO WHAT DO YOU THINK?
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1. Would you be upset if a new Virtual Assistant starting using your business name? Why or why not?

2. If you saw a new Virtual Assistant using a VA friend or colleague’s business name, would you say something to that new Virtual Assistant? Why or why not?

3. Would you let a colleague know if you saw a new Virtual Assistant using their established business name or a close enough derivative of it to be confusing? Why or why not?

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Geez, You Practically Have to Bonk Some People Over the Head!

Man, I tell ya… whaddaya gotta do to get through to some people?!

So a new Virtual Assistant registers for our VACOC Peer Networking Club the other day. She meets all the registration criteria, but when her site is checked, turns out she’s using verbatim content taken from my personal business site.

I mean, seriously?! Did ya think no one would notice? And then you try to join the organization of the person you just stole from? Honestly, what is wrong with the brains of these people? It just floors me.

On top of that, before she’s gotten any confirmation or word from us, she’s placed the VACOC logo on her website. Now, of course, I appreciate the idea that she wants to be affiliated with us. But you can’t just go placing logos and membership buttons on your site unless you are, um, an actual member. In what world is does it work like that? In what world is it honest or ethical to mislead site visitors into thinking that you’re an official member when you’re not or have certain official credentials when you don’t?

So I email this Virtual Assistant (who’s of an age and generation that she damn well knows better) and I tell her I realize she’s new to the industry so I’m going to give her the benefit of the doubt. I proceed to give her a primer on copyright infringement and content theft. I also explain that she can’t willy nilly place logos on her site without permission, that she isn’t a member yet of our organization and that it isn’t an authorized nor permissible use of our logo. I show her what she needs to take down from her site and ask her to email me when she’s done so that I can put the matter to bed.

Well, I get an email back from her and she’s taken down the VACOC logo, but all she’s done with my content is simply change a few words!

I’m fed up at this point and I just call her. And she answers and I explain (gasp) the concept of plagiarism to her. You can’t steal someone’s content and you certainly can’t just change some words around when you’re caught. That’s exactly what plagiarism is! I inform her that it must be taken down completely and she’s going to have to come up with her own, original content. I again ask her to email me when she’s complied with this.

I get a message back from the plagiarizing Virtual Assistant. She’s taken down the infringing verbiage completely (finally), but here’s her message to me:

“I have read a gazillion sites in the past few weeks getting ideas for my site. Your slogan must have stuck in my mind. I was not aware that I copied it verbatim. I have several operating sites and have found infringement of my copyrighted words, but I take the position that it is a compliment and just let it go.”

It wasn’t a slogan she stole (I don’t have a slogan). It was a whole paragraph of content. And you “remembered” it all, word for exact word, in your head a week later? Yeah, right.

This is what I emailed her back:

“It isn’t a compliment. It is stealing. And it’s illegal. You don’t get to benefit in your marketing from using other peoples’ content.  They developed that content for their own benefit.”

And I should have added that just because she may choose to view it as a compliment, doesn’t mean that I am going to nor that I have to. That’s why they have these laws on the books, dodo brain. I don’t take stealing from me very kindly, especially in view of the fact that I give so freely of all my knowledge to the industry in the first place to help Virtual Assistants build their own equity and collateral.

Oh, and how ironic is this… our guest speaker for this month’s VACOC Guest Expert Teleseminar is Jonathan Bailey of PlagiarismToday.com, LOL. If you’ve ever had your content stolen or want to know what to do if it should happen to you in the future, you’ll definitely want to attend! You can register here: http://www.virtualassistantnetworking.com/teleseminar.htm

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Unethical Virtual Assistant: Your Virtual Admin

Here’s another thief who has stolen, verbatim, my home page text: Your Virtual Admin at http://yourvirtualadmin.blogspot.com/

Here’s my site:  http://www.therelief.com.

Here’s a PDF of their blog home page with my stolen content:

http://www.virtualassistantnetworking.com/infringements/YourVirtualAdmin/012409Home.pdf

This Virtual Assistant’s name is Maria. She was contacted about the infringement to give her a chance to remove it from her blog/site before being posted here. She chose to hang up abruptly.

Here’s a hint, guys. Stealing content from other Virtual Assistants is copyright infringement. It’s against the law and it’s also not a great way to make your introduction into the Virtual Assistant world. It’s even dumber to steal it from an industry leader with a widespread audience.

So take a hint, Maria, if you want to save yourself some grief and possible lawsuits: quit stealing and remove my content from your site immediately. Otherwise, you will be hearing from my intellectual property attorney and once I have to go to that length to get you to do what is right, I go for blood.

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Laurice L. on oDesk

Does anyone know someone by the name of Laurice L. who is offering her services as a Virtual Assistant on oDesk.com?

She has stolen my “Meet Danielle” text from my personal business site:

If you know this Virtual Assistant or have heard of her, please let me know how to get in touch with her. Thanks.

UPDATE 12/5/08: I emailed oDesk and also posted on their forum about the infringement. A user there flagged the offending account and offered condolences, but I never heard from anyone officially from oDesk. However, when I messaged oDesk earlier this week via Twitter, they said they “were on it.” Received an email today from Stephanie Crull of oDeck who informed me that the offending profile has been deleted from their network. Big thanks to oDesk for their responsiveness (although, it would have been nice to hear from someone directly a little bit sooner).

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Unethical Virtual Assistants: Eva Jane's Professional Remote Office Services

Did a little CopyScaping tonight and found a few thieves, the first of whom is Janie Matthews of Eva Jane’s Professional Remote Office Services at: http://janie.startlogic.com/evajanes/1701.html

This Virtual Assistant stole the entire content from my Home and How It Works pages on my personal business website at www.therelief.com. She also posted the first page of our VACOC Client’s Guide to Virtual Assistants to her blog as if she had written it herself.

1. My Home Page at The Relief Virtual Assistance: http://therelief.com/

Eva Janes Home page (in PDF with stolen content highlighted): http://www.virtualassistantnetworking.com/infringements/1EvaJanesHomePage.pdf

2. My How It Works page at The Relief Virtual Assistance: http://therelief.com/howitworks.htm

Eva Janes How It Works page (in PDF with stolen content highlighted): http://www.virtualassistantnetworking.com/infringements/2EvaJanesHowItWorksPage.pdf

3. VACOC Client’s Guide to Virtual Assistants: Benefits of Support page: http://www.virtualassistantnetworking.com/client-guide.htm

Just Josie Blog post on October 21, 2008: http://www.virtualassistantnetworking.com/infringements/3JustJosieBlog.pdf

UPDATE 11/8/08: Got ahold of site owner Janie Matthews who hung up on me. Sent a cease & desist by email. She has 24 hours to remove my stolen intellectual property. After that it all goes to my intellectual property attorney in New York (who is a pitbull, I might add).

UPDATE 11/8/08: The email she used on her site of info@evajanes.com actually forwards to a completely different domain. I don’t know if this is one of her clients or an employer. Received an email failure message. Re-submitting cease & desist via her web form.

UPDATE 11/10/08: Web form not working. Called her and this time she was singing a different tune. Says she will delete everything and that she hired a web-designer off Craigslist. Swore she would send me so-called designer’s name and info.

UPDATE 11/10/08: Got an email from infringer and it appears she has taken down all pages. Says she can’t find designer’s contact info but that she will dig around and email me back.

UPDATE 11/14/08: Still no word. I think it’s BS, but I’m holding her to her word. If there IS a so-called web designer scamming people on Craigslist and stealing content from other Virtual Assistants, I want to not only put them on notice, but also warn others.

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