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Upwork has paid the freelancer without my consent

Active Member
Mark L Member Since: Aug 6, 2017
1 of 20

I hired a freelancer to do a job. Upwork paid two milestones to the freelancer without asking me, or consulting me, two weeks after the freelancer submitted her work. The third milestone was also the last. I am not happy with the completed work by the freelancer, but since upwork paid the freelancer, she doesn't care.

 

When she submitted her work, I told her I was going away for three weeks on holiday and wouldn't be able to check the work and pay her. She was ok with it. But when I returned from my holiday the milestone had already been paid.

 

What can I do? How can I get back the money from upwork? It should be put back into the milestone, until I am happy with the result.

 

I can't claim credit card fraud, because it has been almost two months since I financed the milestone. So, what can I do?

I feel I have been defrauded by upwork. I opened a ticket, but of course no reply. Smiley Sad

Community Guru
Petra R Member Since: Aug 3, 2011
2 of 20

It wasn't without your consent at all, you consented to the way the Escrow System works when you set up the contract and received several emails alerting you to the fact that the freelancer submitted work and later that Escrow funds will be released if you don't take any action.

 

You will have to work it out with the freelancer.

Active Member
Mark L Member Since: Aug 6, 2017
3 of 20

No. I never received "several emails alerting you to the fact that the freelancer submitted work and later that Escrow funds will be released if you don't take any action". In fact, I didn't receive a single E-mail. They just transferred the funds, without any communication at all.

Community Guru
Lanie M Member Since: Jun 24, 2015
4 of 20

Hi Mark,

 

For Fixed price contracts you have 14 days from the most recent submission on a milestone to review and approve, or request changes. Approval releases the payment from escrow to your freelancer. You will be notified when your freelancer submits work. If you fail to respond to a submission within 14 days, the escrowed funds are automatically released to your freelancer. Therefore, it is important to use the Request for Changes flow on the platform if you would like your freelancer to edit their submitted work. Requesting changes will remove the review period until the freelancer submits their work on the milestone again. I know that this is important to you, a member of our team will reach out to you directly to further assist you with the issue you have.

Lanie M
Untitled
Active Member
Mark L Member Since: Aug 6, 2017
5 of 20

I did respond to the submission within 14 days. I wrote to her within a day of her submission that I was going on holiday and will review her work and let her know if I was happy with it within 3 weeks. She was ok with it.

Community Guru
Petra R Member Since: Aug 3, 2011
6 of 20

@Mark L wrote:

I did respond to the submission within 14 days. I wrote to her within a day of her submission that I was going on holiday and will review her work and let her know if I was happy with it within 3 weeks. She was ok with it.


 That does not stop the countdown. What stops the countdown is clicking on "Request changes"

 

It is also entirely unreasonable to make a freelancer wait 3 weeks for the client to even look at their work.

Active Member
Mark L Member Since: Aug 6, 2017
7 of 20

Upwork should still ask the employers if they are ok with the work, or inform them that the payment will be made. As you wrongly wrote, Upwork should have sent "several emails alerting you .... that Escrow funds will be released". Well, Upwork doesn't send such E-mails!!

 

Also, the problem is that she completed her work over one months late. If she had completed her work as agreed before she started the contract, I wouldn't have left on holiday. Furthermore, she said she is fine with waiting for three weeks.

 
Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
8 of 20

Hi Mark,

 

I'm sorry about the outcome of your contract. Please refer to the explanation our agent posted on your tickets last Tuesday and earlier today, and the process Lanie and other users described on this thread. From your earlier comment is sounds like you received the notification and the freelancer's release request, which I can see in Messages, but failed to respond to it and only messaged the freelancer.


@Mark L wrote:

I did respond to the submission within 14 days. I wrote to her within a day of her submission that I was going on holiday and will review her work and let her know if I was happy with it within 3 weeks. She was ok with it.


Please review this Help article and note that you can communicate directly with your freelancer regarding the released payment.

Active Member
Mark L Member Since: Aug 6, 2017
9 of 20

Where does it say that my funds I put in milestone will be automatically wired to the freelancer after two weeks?

Community Guru
Hiu Chun L Member Since: Jul 27, 2017
10 of 20

I suggest you to contact the freelancer politely, and ask if she would agree to make amendments. If I were this freelancer, I would agree to make reasonable changes, as it was agreed to. Of course, there is no guarantee about this. On the other hand, I think you should not have asked your freelancer to wait for three weeks. When my clients have no time to check my completed work, they always let the payment go through first. In other words, I sincerely believe that your vacation should not have kept her from getting money for her completed work.

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