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274ebdbb
Community Member

Can a Freelancer hire a lawyer for Hourly Contract Disputes?

Hi fellow Freelancers,

 

Hope all is well with you. Looking for some help with a dispute with a client.

 

I would love to take this issue to arbitration, but to my understanding, it is not allowed for Hourly contracts.

 

Are we able to then take disputes to court or hire a lawyer to find a solution where all evidence/proof can be submitted?

 

Does anyone have any experience with this? Please share! I do not like issues like this and would love to have it resolved as soon as possible that is best for the client, me, and Upwork. 

 

Thank you all for your time and assistance in advance.

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tlsanders
Community Member

Carefully read Section 7.2 of the TOS. Bullet point four suggests that you may pursue independent action once you have complied with/exhausted Upwork's remedies (the rest of the section will help you determine whether there is anything you still need to do through Upwork first)

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wlyonsatl
Community Member

What is the nature of your client's dispute? Hourly projects are not usually subject to dispute, as long as hours tracked using TimeTracker were correctly entered then Upwork pays the relevant amount to the freelancer. If the client doesn't pay Upwork, Upwork's houly payment protection would usually be in effect.

tlsanders
Community Member

Carefully read Section 7.2 of the TOS. Bullet point four suggests that you may pursue independent action once you have complied with/exhausted Upwork's remedies (the rest of the section will help you determine whether there is anything you still need to do through Upwork first)

Tiffany S.,

Thank you so much for your time and explaining this. 

 

I read that point and reviewed it multiple times yesterday, and you just confirmed that is what I was looking for to understand my next viable step. 

 

Genuinely appreciate you, and keep being great at what you do!

wlyonsatl
Community Member

KnowBeLove T.,

 

If you want help with your problem you need to provide more detail.

 

Typically, a client can complain about work done under any hourly contract but Upwork will pay the freelancer with or without the client paying Upwork for the amount due under the contract within certain limits, as long as the freelancer has properly tracked all billable work time using TimeTracker.

 

Why are you considering arbitration? Is Upwork not paying you because you didn't track your work time correctly and the client is refusing to pay you?

 

If this is true, the client has no incentive to agree to go to arbitration. So arbitration may not be an option for you - if the client doesn't agree to arbitration you  can't force them to participate.

 

This is very different than arbitration under Upwork's rules for fixed price contracts, where Upwork's independent arbitration arrangement is only available to the freelancer if (s)he first pays the fee for arbitration, in which case the client must then either also pay their share of the arbitration fee or lose the dispute.).

 

If the freelancer doesn't pay for arbitration, the freelancer loses the dispute by default. If the freelancer pays for arbitration but the client doesn't agree to pay for arbitration, the fee the freelancer has paid is returned to the freelancer and the client loses the dispute by default.

 

If the dispute goes through Upwork-related arbitration then the arbitrator's decision is final. Neither freelancer nor client can pursue a different arbitration or even go to court for the same dispute - that is typically an important proviso of any arbitration.

 

Good luck!

 

Will L.,

Thank you for taking the time to read and give an informative response.

 

I won't publicly give the details of the issue if I am able to take this to court. I am very proactive with a problem-resolution mindset, so I just want to prepare for the worst but hope for the best. The exceptional team of Upwork is doing their best to resolve the issue and will inform me more about the final decision; that is all I can say for now. 

 

I appreciate your explanation of the arbitration in regard to fixed and hourly contracts. Since hourly can not do arbitration then it looks like my next course of action is court. Right?

Arbitration is an option, but both parties need to agree to it.

 

Filing a lawsuit only requires one party to file a suit, to which the other party needs to reply if they contest what the filing party is saying and the resolution demanded in the suit.

mwiggenhorn
Community Member

Are you and the client in the same country?  Could be very difficult and expensive if that isn't the case.

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