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Freelancer Disappeared After Getting Upfront Payment

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
11 of 31

Samuel, as you now realize, your hiring practices make no sense at all. For future reference, do not pay a freelancer an upfront payment like that. Especially somebody you don't know.

 

Most freelancers on Upwork understand how Upwork escrow works and they will be happy to work on the project without upfront payments. 

 

Also, if you have a deadline, why would you hire one person, a stranger, using a fixed-price contract? That makes no sense.

 

If I have a deadline, I hire multiple people using an hourly contract. When the work is done, I close the contracts. Tell the freelancers that this is what you are doing. That helps motivate them to do the work. Whoever actually does work will get paid. Anybody who doesn't log any work will not get paid. It is all very fair and transparent, and it results in you getting the work you need finished in time.

945531c8
Active Member
samuel h Member Since: Oct 18, 2016
12 of 31

well I this freelancer as recomendation of other rising talent freelancer, thats why i believe that she can do it so i have no issue when she first asking to released milestone for upfront payment

 

i have also team that doing this project, I just need extra expertize here to help me doing it faster. Yeah im kinda doubt about hourly rate because in Upwork Policy is stated " dispute process for Hourly contract is based from the hours logged and not with the quality of work". So If the freelancer only login without doing anything i cant open dispute, thats why i prefer fixed price project, and i can see the result of the works

sam-sly
Community Guru
Samantha S Member Since: Jun 23, 2016
13 of 31

@samuel h wrote:

well I this freelancer as recomendation of other rising talent freelancer, thats why i believe that she can do it so i have no issue when she first asking to released milestone for upfront payment


About Rising Talent status... I would not necessarily take advice from them. This status indicates a freelancer who is new to Upwork but has a good profile. Once the freelancer completes a few contracts, they receive a Job Success Score. Those who have a high JSS and meet other criteria may be named "Top Rated". Rising Talent indicates the new freelancer may be on their way to Top Rated after they gain experience on Upwork and if their contracts turn out well. In most cases, they are probably not experts on using Upwork unless they spent time reading all the terms and conditions. 

945531c8
Active Member
samuel h Member Since: Oct 18, 2016
14 of 31

Hi i did share our conversation via Skype to Upwork support. I prefer not to share here

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
15 of 31

Samuel:

Experienced clients do not choose the hourly contract model in order to avoid paying for shoddy work from freelancers.

 

We use the hourly contract model in order to be able to easily and instantly cancel contracts on freelancers whose work does not meet our expectations.

 

Hourly contracts are easily cancelled without any hassle. Hourly contracts also allow clients to closely monitor the work being done by freelancers, by looking at their work diaries.

 

You are correct that Upwork asks that clients not dispute hourly work based on the work quality. We don't intend to. We just stop working with poorly-performing freelancers and continue only working with the freelancers whose work we like.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
16 of 31

re: "So If the freelancer only login without doing anything i cant open dispute"

 

If a freelancer logs in and logs time with the time-tracking software, but does not do anything, or clearly does not do work related to your project, then you can dispute the time that they logged.

 

Contigent upon a client filing a dispute about a freelancer's hours:

 

If Upwork sees that a freelancer logged in but did not do anything, because the activity levels are so low that it indicates the time-tracker was simply running while nobody was actually doing anything on the computer, then Upwork will reverse the charges and not require the client to pay.

 

If the work diary shows that the freelancer was not working on your project but was doing other things... surfing the web, communicating via Facebook, etc., then Upwork will not make the client pay.

 

If the work diary does not include informative memos about exactly what work the freelancer was doing at the time they logged time with the time-tracker, then Upwork will not make the client pay.

 

So your description of Upwork's policy is not really accurate.

 

But none of this really matters to me (personally), as a client. My own policy is that I don't dispute any freelancer's hourly pay even if I can. I simply monitor their work closely when they're starting out. If I'm not satisfied, I close the contract. The amount of money they're paid is negligible at that point. It's not worth my time to dispute it, even if I could. (In some cases I could dispute it. In some cases I would not be able to dispute it.)

945531c8
Active Member
samuel h Member Since: Oct 18, 2016
17 of 31

well I totaly agree with ur point. 

 

Btw I got another issue again, today she finnaly contacted me and tell me that she cant do my project.

And I end my project immediately, and now she threating me to change my feed back to her or she wont Refund my excess money on the escrow. What should i do? and is she the one who decide to refund my money or not?

 

Attached our last conversation with her before he delete me on Skype. (blured pic + no name for freelancer privacy)

cupidmedia
Community Guru
Jennifer D Member Since: Feb 15, 2016
18 of 31

Samuel, if you close the contract with money still in escrow the freelancer will be asked to approve the refund. If they choose to dispute it instead, it will go to a dispute. The dispute mediator will ask them to prove that they did the work and submitted it to you, and they won't be able to do that. So the dispute mediator will recommend that the freelancer refund the money.

 

You should read carefully these links:

  1. Fixed-Price Protection for Clients
  2. Respond to a Freelancer's Fixed-Price Escrow Dispute
  3. Fixed-Price Escrow Instructions
katrinabeaver
Community Guru
Katrina B Member Since: Jan 9, 2011
19 of 31

@samuel h wrote:

well I totaly agree with ur point. 

 

Btw I got another issue again, today she finnaly contacted me and tell me that she cant do my project.

And I end my project immediately, and now she threating me to change my feed back to her or she wont Refund my excess money on the escrow. What should i do? and is she the one who decide to refund my money or not?

 

Attached our last conversation with her before he delete me on Skype. (blured pic + no name for freelancer privacy)


Samuel,

 

This is what is called feedback manipulation and it is a very serious violation of Upwork's ToS.  Update your ticket with this proof you have.  

"Fairness is giving all people the treatment they earn and deserve. It doesn't mean treating everyone alike-Coach John Wooden"
945531c8
Active Member
samuel h Member Since: Oct 18, 2016
20 of 31

Hi Katrina,

 

yes i always upload it to my ticket when i got news from her. But seems upwork support is super busy they dont responds to me.

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