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

fire applicant?

Active Member
Steph P Member Since: Jun 12, 2017
1 of 10

I hired an applicant, but he does not deliver what we agreed on.

he is doing what i specificallt did NOT want and keeps tricking me into believing that he did what I asked of him.

I can prove that is didn't fulfill the contract with the message trail and the work results he sent.

How can I fire him so I can move on to the next person?

Thank you! Smiley Happy

Community Guru
Preston H Member Since: Nov 24, 2014
2 of 10

You don't need to prove anything to anybody!

 

Just cancel the contract immediately.

Active Member
Steph P Member Since: Jun 12, 2017
3 of 10

Hi Preston,

Thank you for your message.

I did find that option (this was my first attempt at hiring via Upwork), and I did, but now I have a dispute on my hands Smiley Sad
So I will have to prove he did not deliver what I asked for - which he insists he did ...
Sigh ...
I am not sure how to screen applicants better in the future - this one had good reviews ...
This was supposed to save me time - and not add more time-wasters to my life - LOL

Thanks again,
Steph

Community Guru
Preston H Member Since: Nov 24, 2014
4 of 10

Steph:

 

There is a difference between fixed-price contracts and hourly contracts.

 

You use used the fixed-price contract model, which is more complicated. I don't recommend that one for beginners.

 

If you had used the hourly contract model, you could have simply cancelled the contract at any time, and there would BE NO DISPUTE. If the freelancer had done nothing, and logged no time yet, then you would have paid nothing. And there's nothing the freelancer could do about it.

 

Your situation is different. With a fixed-price contract, you funded escrow, which means a certain amount of money was charged to your credit card/PayPal account to pay for the project once the freelancer is done.

 

When you cancel the contract, it automatically requires that you either release the funds, or release a different amount (such as zero). If you release less than the funded amount, then the freelancer is asked to approve the change.

 

This is normal. This is a good system. An honorable freelancer acknowledges that he did not do the work, and he lets you get the money back.

 

But you are not dealing with an honorable freelancer.

 

This freelancer disputed the refund, hence the dispute.

 

How much money are we talking about? It may be more expedient just to release the money to him. Then you can move on and not worry about this dishonorable freelancer who is wasting your time.

Active Member
Steph P Member Since: Jun 12, 2017
5 of 10

Hi Preston,
Thanks again for your response Smiley Happy
Yes, I have heard that saying before: Stop throwing good money after bad ...
(Time is money after all)

But at the same time - I don't think it is OK to let him get away with it!

I especially cannot stand the fact that he has been lying to me - I don't think anybody should get away with it (and they usually don't Smiley Happy )

I have made my statement in the dispute, and now I am just leaning back and waiting for someone to take a ruling.

I am ignoring all his rants in the dispute and personal messages from now on Smiley Happy

 

Fixed price seemed to make the most sense in my context - there are clear mile stones to achieve.

Plus I get paid by milestones - not by the hour.

Also - I would be concerned that the contractor may go out of bounds with the hours ...

They might say it should take them 4 hours, and then they claim 8? No?

I felt I was safer with fixed price ...

 

I have hired the next freelancer as a fixed price also - I'll let you know how that goes Smiley Happy

 

Thanks again Smiley Happy

Steph

 

Community Guru
Rene K Member Since: Jul 10, 2014
6 of 10

I don't 100% agree with Preston about hourlies being better than fixed. The problem, although, is that dispute is not arbitration. The dispute resolution doesn't issue binding decisions, they just try to help you come to an understanding with the other party.

 

Upwork has arbitration services, well they have an arbitration provider, but you, your freelancer and Upwork need to pay like $270 each to get arbitration.

 

If you put money on the table and your provider don't, you get the arbitration money back and they lose the arbitration automatically. You may want to pull a bluff here.

 

In any case, once the contract is closed you can leave an appropriate feedback to the provider.

-----------
"Where darkness shines like dazzling light"   —William Ashbless
Community Guru
Preston H Member Since: Nov 24, 2014
7 of 10

Rene:

It was really did not mean to imply that hourly contracts are "better than" fixed-price contracts.


They each have their advantages and disadvantages. Each has their place.

 

With regards to this specific situation, I made two points of comparison:

 

- hourly contracts are simpler overall for beginning Upwork users to use

 

- hourly contracts are always far easier to cancel - at any time - without financial entanglements - because there is no escrow money involved.

Community Guru
Petra R Member Since: Aug 3, 2011
8 of 10

@Preston H wrote:

 

- hourly contracts are always far easier to cancel - at any time - without financial entanglements - because there is no escrow money involved.


"Without financial entanglements" is not true because any time logged gets charged.

 

Unless a client is really willing to micromanage and hover obsessively over the freelancer's work diary like some anxious hawk the "financial entanglement" of fixed rate is far more predictable.  Whatever is in Escrow is what's on the table.

 

 

Community Guru
Preston H Member Since: Nov 24, 2014
9 of 10

Yes, of course any time that was already logged will be billed to the client.

 

But with an hourly contract, you can just stop. Whenever you want.

 

And there's no money in escrow that you need to think about. You can stop paying a freelancer whenever you want to do so, and there's nothing the freelancer can do about it.

 

Ending a fixed-price contract with money still in escrow always requires approval by a freelancer (unless they have simply disappeared and never respond to the approval request at all).

 

Community Guru
Petra R Member Since: Aug 3, 2011
10 of 10

@Preston H wrote:

 

Ending a fixed-price contract with money still in escrow always requires approval by a freelancer (unless they have simply disappeared and never respond to the approval request at all).

 


No, it does not. Only getting your escrow money back requires approval by the freelancer. Ending either type of contract is as easy as ending the other.

 

With a fixed rate contract requesting money back stands arguably more of a chance, and at least the client knows exactly how much is in Escrow, rather than being charged next Monday for whatever hours were logged this week.

 

Getting Escrow funds back does require either the freelancer's approval or inaction for 7 days, but getting money back from an hourly contract requires the freelancer giving a refund or a dispute.

 

You make it sound (without actually saying it) as if you can just end an hourly contract without paying.

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS