Arbitration Fee is a Scam

[7bd0d548]

A freelancer disputed a $30 work which I don't agree because I could not even uses his work but I was able to uses another hired freelancer's work for the same amount.

Then upwork ask me to pay $875 arbitration fee over a $30 dispute. How does that sounds rational ?!

Upwork is a scam ?

[petra_r]

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Ilham B wrote:

Then upwork ask me to pay $875 arbitration fee over a $30 dispute. How does that sounds rational ?!

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Now, they are not. Each party pays $291,

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Ilham B wrote:

Upwork is a scam ?

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No.

[7bd0d548]

I have even already gave a proof that another freelancer were successfully did this job and I can uses his codes very well...

Still upwork persisted that I must deal with the disputed freelancer

[colettelewis]

You weren't happy with B's work to begin with then you asked C to do it.

C does the work but you are not happy with C either and  go back to B

And now you don't want to pay C.

As Petra says there is no point in taking it to arbitration for $30 and if arbitration found in favor of C, you would lose the $291 + the $30 fee.

[7bd0d548]

Exactly how pathetic it is...

Actuallly C agreed that he wanted to refund $25 and he keeps $10 so did I, then upwork's team is too stupid that could not understood it.

Note it was $35 dispute actually and it's not about I am happy or not, it's the work litterally not usedable (not quality issue). So we can't even check the C's work at all while we could check B's work. B's work did not met the quality or agreement either, but since we could use it, so we pay him.

So who's the stupid one here ?

[7bd0d548]

so the chronology is like this

I hired freelancer A as a PHP coder, for the past 2-3 years he has been working for us in upwork.

Then I hired freelancer B as a python coder

Because I needed few more python coder, so I hired C as a python coder. 

Freelancer A will be the one who put their codes and link the codes to our PHP codes and server.

Because B was not able to convinced me that he can do the work so I asked C to do the same work. Then C gave me his work, but it did not worked so he disputed me. But B gave me his work then his code is eventually working.

So I released the funded milestone money for B as I have shown all the chatting from freelancer A proofing that C's work was not working in our server.

Then upwork asked me to pay stupid $291 fee just to get my $30... how does that sounds trustworthy ?

[jr-translation]

You hired freelancer C and once he delivered you had 14 days to request changes. Sounds like you decided that you do not want him to fix the issue but to keep your money. That is not how Upwork works. If you hire two freelanders for the same job, you have to pay both.

As a client I would release the $30 to freelancer C, leave an honest feedback, and move on.

[7bd0d548]

dude, no,

I asked him to fix it, but he refused.. saying it's my problem.

When if B had the same issue, he did well went fixed. So we paid B.

[7bd0d548]

Really ?! how does it makes sense  that you have to pay $291 to get $30 back and its not a scam ?!

[petra_r]

"A scam" by whom? Not by Upwork, as they would have to pay $291 as well, or the freelancer, who would also have to pay $291.

If the freelancer fails to pay the $291, you get the funds in escrow. Basically, whoever pays the arbitration fee first, "wins" because nobody in their right mind would then pay $291 to win $30. 

Anyway. a dispute over a mere $30 is literally pathetic.

[martina_plaschka]

You do realize that not all arbitration proceedings are over $30?

[7bd0d548]

yeah, it's why i think it's a scam, imagine $5 disputed then you have to pay $291, what a joke.

[PradeepH]

Hi Ilham,

Thank you for your message. I am sorry to hear about your recent experience and how you feel about the same. I see that you are already communicating with the Mediation and support team via tickets here and here. Please don't hesitate to follow up with them directly on your support tickets if you have additional questions so that they can better assist you with your concern. 

Thank you

Pradeep

[prestonhunter]

Ilham, if you hire a freelancer to do something for $30, and you don't like his work, then you simply don't use the work.

You hire someone else.

When a client hired freelancers to do a task for $30 then it is a gamble. One does not assume that all such hires will work out.

This is basic stuff.

re: "I was able to use another hired freelancer's work for the same amount."

That's awesome!

That's business. You hired a couple freelancers to do a task, paying them a very small amount of money. One of them was able to do the task successfully. One of them wasn't. What you do now is appreciate all of the money you saved by not hiring a freelancer to do that task for $250. Who cares about one freelancer who couldn't do the task? He's just a stranger on the Internet. Forget about him.

[7bd0d548]

omgoddd, why you all think I don't like C's work ?!,

not usedable is not same as I don't like, ok ?!

actually, you all missedunderstood the case, it's not really me against C, it's me against upwork's stupid SOP.

Listen carefully to this chronology :

1. we hired B

2. B was not convincing

3. so we hire C

4. then we tried C's code, but not usedable, then C disputed us !.
5. faced same issue with B, but B managed and willing to fix

6. Eventually B codes is working, not really met our expectation, but we release anyway due to agreeing to upwork's policy.

7. Then I discussed these case to upwork

8. Eventually at some point C agreed to refund $25 over $35 funded milestone.

9. Then after sometimes, upwork somehow offering us to pay $291 arbitration fee !

10. So I created this community discussion.

[tagrendy]

You hired someone to write a script for $30, which is very cheap price and you should expect that you'd be lucky to get quality work for that, then you're upset that you didn't get refund for it? But optics aside, no, Upwork is not a scam. Escrow system does not allow Upwork to be a decision maker in who gets the money. Either Freelancer or the client can request an arbitrar if they have disagreement for money in Escrow. In this case it was initiated by Freelancer. Arbitrar doesn't work for free, and the fee is split between all 3 parties - Upwork, client and Freelancer. That's how it works for fixed projects. 

[prestonhunter]

I regularly hire multiple freelancers to do the same task, paying them their hourly rate.

I use the work I like and I throw away what I don't like.

I assume from the beginning that not every freelancer will turn in usable work. I certainly don't try to dispute or get refunds. It's called business.

[7bd0d548]

if the freelancer disputed you then upwork force you to pay stupid $291 fee, then what will you do really ?!

[8da98d13]

The real scam here is you paying someone $30 to write you some code.

[NikolaS]

Hi Ilham,

We checked your dispute ticket and see that an Upwork Mediation Specialist has been assisting you and your freelancer in accordance with the process. 

In general, please note that Upwork may not make judgments regarding work quality, quantity or usability and can't make a binding decision. So if the freelancer and the client don't reach an agreement during the Mediation process, they can decide to proceed to the Arbitration. Please, check out Fixed-Price Escrow Instructions for more information.

We won't be able to discuss the details of a specific case here in the Community and encourage the parties to communicate via the dispute case. As such, we'll be closing this thread from further comments.