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virtualsidewalk
Community Member

Dispute Unfairly Rejected per Upwork's Terms

 I had a freelancer on contract from work I needed performed late last year (just about a year ago). I kept his contract active because I wasn't sure if I would need him again or not. Fast forward to last week when I get a charge for 12.5 hours from this freelancer. I did not authorize this charge in any way, and the messaging system within Upwork shows that we have not had any contact for several months.

 

I disputed the charge, explaining that the time logged by the freelancer was for work that was not mine. Screenshots are available for the time he was logged in, but none of that work pertains to our contract. I disputed the charge with Upwork and they checked in with the freelancer. The freelancer (who I believe to now be blatantly scamming us) told Upwork that the work was performed well. That's not the question, though - the work may have been performed well but it was NOT WORK FOR US. No recent communication with the freelancer, the screenshots are in no way connected to us, and still we get the dispute rejected by Upwork.

 

In the dispute rejection email, Upwork states that "Disputes are based on whether or not the freelancer was working on the appropriate contract." That is exactly my issue. It's like Upwork didn't even read my detailed explanation to them and instantly believed the freelancer's one-liner that "the work was performed well." This is disturbing to say the least. What can I do from here?

4 REPLIES 4
katrinabeaver
Community Member

I'm going to flag your post to get a mod's attention. If this is indeed what happened (not doubting you) that is insane. 

"Fairness is giving all people the treatment they earn and deserve. It doesn't mean treating everyone alike-Coach John Wooden"
kochubei_valeria
Community Member

Paul,

 

I'll follow up with our Dispute team regarding your case and will provide. Also feel free to reply directly to the message one of our agents sent to you on Friday to follow up about the contract. You can find it here.

~ Valeria
Upwork

Disputes and dispute resolutions are neither "fair" nor "unfair."

 

And Upwork does not claim any such thing about them.

 

Disputes are mechanisms by which two parties (a client and a freelancer) with a disagreement may express the fact that they have a disagreement (or in other words, a "dispute").

 

Upwork will encourage them to work out their disagreement and come to a resolution that both parties can live by.

 

With disputes, Upwork does not claim that they look at the case and (with the wisdom of Solomon) decide who is "right" or "wrong."

 

If two parties to a dispute can not come together with some sort of agreement, one option is to pay to go to arbitration, which is a situation in which a third party will indeed judge the claims made by each party and render a "verdict."

Preston, while that's mostly true, there's no arbitration for hourly contracts. The Upwork mediator is the final decision-maker for hourly contracts under dispute.

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