Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

How should I withdraw a contract, and sue the contractor!

Active Member
Meir S Member Since: Aug 21, 2017
1 of 13

Can you please help me, I hired a contractor a 1.5 months ago, and he made his first month job (server set up), but now tried to blackmail me for additional payments, and I didn't agreed to it, so he simply deleted all the set up he made so far on the server. I still have an open contract with him, which I would like to cancell and get the refund from the escrow, and I also he caused my business a very big problem since my servers are not working. 

 

Could you please advice what should I do in such a situation? 

 

Thanks you in advance for your kind support. 

 

Msarig 

Community Guru
Preston H Member Since: Nov 24, 2014
2 of 13

No, don't be silly.

 

There are no lawsuits here.

 

People come here to make money, not to pay money for a lawyer's time only for the lawyer to tell you there's no way to recoup any money spent. You're just throwing good money after bad that way.

Community Guru
John K Member Since: Feb 17, 2015
3 of 13

Meir, all Upwork can do in this case, probably, is ask the freelancer to restore the server to working condition, and expel the freelancer if he doesn't. Once the contract is closed, make sure you leave the freelancer 1 star feedback and in your comments, describe what he did, so other clients who look at his profile will know he's a blackmailer.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
Moderator
Valeria K Moderator Member Since: Mar 6, 2014
4 of 13

Meir,

 

Sorry to hear you are having problems with a freelancer you hired. Since we won't be able to discuss details here in the Community, could you please send any relevant information and screenshots of the freelancer blackmailing you to the team here? They will review and further assist you with this situation.

~ Valeria
Untitled
Community Guru
Petra R Member Since: Aug 3, 2011
5 of 13

Has the freelancer actually been paid for the work done so far?

Active Member
Meir S Member Since: Aug 21, 2017
6 of 13

I paid for the first month he worked with me, and now we are half way of the second month. 

Community Guru
Preston H Member Since: Nov 24, 2014
7 of 13

Successful Upwork clients know that they essentially have all the power here. They can pause and close contracts at any time, for any reason.

 

Successful clients use that power. They don't apologize for using it. They don't ask for permission to use their power. They or their project managers monitor the work that all freelancers on the team are doing. If any freelancer does work which is not up to their standards or the needs of the project, they stop working with that freelancer.

 

Successful, effective clients use the tools that are most effective, reliable and economical. They do not use or consider disputes, law suits or asking for refunds of money already released to freelancers. Those things are emotional responses, not business decisions.

Community Guru
Preston H Member Since: Nov 24, 2014
8 of 13

Without referring to the original poster's situation, but speaking generally, if I personally hired a freelancer to do work for me, and there came a time when the freelancer was asking for more money, then there are really only two possibilities:

 

- the freelancer is a conscientious professional who has been working in accordance with the agreed upon contract, and has asked for more money because I owe him more money, perhaps because I have asked for work that is out of scope of the original contract, or perhaps because I am behind in paying what was agreed.

 

[or]

 

- the freelancer is a scoundrel, thief, liar, con artist or some combination thereof.

 

My legitimate options then are to pay the freelancer or to stop working with the freelancer.

 

It is not acceptable for a freelancer to hijack or delete the work that he has done on my behalf.

 

But if a situation arises in which the freelancer has done work that I have not paid for and which I am refusing to pay for, then technically that work belongs to the freelancer, not me. And even if it may seem unprofessional and inappropriate to do so, a freelancer may indeed delete or block access to work which he (not the client) owns.

 

I might make a business decisions, based purely on economics:

 

This freelancer is now asking for $XXX.00 dollars. Is the work he has done so far worth that? Or should I try to start over and pay someone else?

 

If I have an open fixed-price contract, with funded escrow, the fastest way to close the contract is to releases the full amount of money in escrow. From a business perspective, this is often the most expedient option. Is it worth my time to ask the freelancer to refund the money in escrow to me? Quite possibly: yes. But if the freelancer declines to do so, is it worth my time and possible expense to file a dispute? Often not.  

Active Member
Meir S Member Since: Aug 21, 2017
9 of 13

Dear Pretson, 

 

Thank you for the comments. The issue is that I paid him for the first month as agreed, and continue to second month, which I paid in escrow and have to release it on Sep 8. 

 

Regardless of this project, we received a new project, and the same freelancer quoted me an extermly high price, which I refused to accept. But I didn't changed anything for our orginal agreement on the first project.

 

And since I didn't took this offer, he started to claim that I need to pay him extra for the job that has been done through upwork and been paid already, and I simply didn't accepted that either.

 

So he did a crime and used the access he had to the server and simply shut it down (The access to the server is related to our orginal first agreement). 

 

So it turns like I didn't had the possibility to refuse to accept the second quotation, eventhough I knew it was priced at least 6-7 times higher than he usually used to quote me. 

 

So, that's why I feel like he blackmails me here and I cannot accept it. I think everyone got the option to take an offer or refuse for any reason. 

 

 

It cost me a lot you are right, but there is something inside me that tells me that I cannot sell my integrity and I will fight such kind of people. 

 

Anyway, just to keep you informed, I started a dispute and sent all proofs that shows my truth, and I hope that upwork team will solve this problem. 

 

Thanks a lot for your insight. 

 

Msarig

Community Guru
Pat M Member Since: Jun 18, 2016
10 of 13

Preston, IMO your description of successful Clients is that they are robotic.  Also IMO successful Clients and Freelancers temper business decisions with some emotion.  Being humane is not a weakness.   

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS