Re: Changing terms and how to end a contract

jendejournett · ‎03-05-2019

Hi:

I accepted a job positing at an hourly rate - that was how it was advertised. Since I accepted it, the position has now changed to fixed fee based on XX number of tasks. Now the next thing, the client wants me to sign a noncompete clause (that wasn't mentioned in the initial proposal or when the contract agreed to). The work really hasn't started because of technical issues on their end.

My question is....can i end the contract without hurting my job performance score?

Also, if it was advertised as hourly but now they want a dollar amount per XX number of tasks completed. and this back and forth on emails is costing me time.....should I bill them for that time? or just let it be...

They also claim I don't have to track hours on Upwork, that they can see that I do xx tasks on their end. And when I hit their number, I would be paid the agreed amount.

This is the first contract I was awarded - so I am super nervous about runing my chances on future work. If I wasn't worried, I would just cancel this and move on because the deal just keeps changing....

Thoughts and suggestions appeciated.

Thanks for the help....

colettelewis · ‎03-05-2019

Jennifer,

Has Upwork sent you an email saying the contract has started? If it has and the contract is hourly. There is nothing you or the client can do about changing it, unless the client cancels the contract and starts again with a fixed-rate contract (with the amount agreed paid intos escrow before you start work).. The client is prevaricating by saying they can see your hours from their end. It is much better to work with the tracker on as far as this job is concerned, as your payment is protected.

I would not agree to sign a non- compete clause.

If there is no formal Upwork contract in place - run a mile and report the client.

ETA: What sort of track record/feedback does the client have and is payment verified?

wlyonsatl · ‎03-05-2019

Jennifer,

A non-compete agreement is not unusual for some types of work. If you read the agreement and don’t have a problem with it, why not sign it as long as it doesn’t prevent you from doing something you are planning to do?

I think some clients purposely negotiate an hourly rate initially, then try to lock you in to the fixed-rate equivalent so they don’t have to worry about their budget being exceeded no matter what they might demand from you during the project. If you completely understand the work to be done and are happy with the fixed pay rate, then you may not care if there is a change from hourly to fixed price.

DO NOT trust any client you don’t know very well to pay for manual hours. Under Upwork's rules they have no obligation whatsoever to ever pay you for any manual hours, whether or not they “allow” you to book manual hours.

colettelewis · ‎03-05-2019

Will L wrote:
Jennifer,

A non-compete agreement is not unusual for some types of work. If you read the agreement and don’t have a problem with it, why not sign it as long as it doesn’t prevent you from doing something you are planning to do?

I think some clients purposely negotiate an hourly rate initially, then try to lock you in to the fixed-rate equivalent so they don’t have to worry about their budget being exceeded no matter what they might demand from you during the project. If you completely understand the work to be done and are happy with the fixed pay rate, then you may not care if there is a change from hourly to fixed price.

DO NOT trust any client you don’t know very well to pay for manual hours. Under Upwork's rules they have no obligation whatsoever to ever pay you for any manual hours, whether or not they “allow” you to book manual hours.

____________________________

Will,

If the contract has already started it cannot be altered unless the client ends the job (which involves leaving feedback) and starting again.

The only time hourly to fixed-rate (or vice-versa) can be changed is at the discussion stage or before the freelancer has accepted the contract.

https://support.upwork.com/hc/en-us/articles/211062368-Switch-Contract-Type-Hourly-or-Fixed-Price

ETA: My advice to the OP is to not take this job if the contract has not been formalized.

wlyonsatl · ‎03-05-2019

That's useful information for Jennifer, Nichola, but I didn't intend to tell her to make any specific changes.

colettelewis · ‎03-05-2019

Will L wrote:
That's useful information for Jennifer, Nichola, but I didn't intend to tell her to make any specific changes.

______________________________________
No, but you told her there was no harm in signing a non-compete agreement. There is. This is not the B&M world and that sort of agreement is generally concluded between employer and employee, which is not the case between a dubious hirer and freelancer.

You are also in a completely different category on Upwork, in which a non-compete agreement could be viable.

gilbert-phyllis · ‎03-05-2019

Jennifer, it's not clear what your situation is. Did you accept an hourly contract and now the client wants to change how you are compensated? Once you accept the contract, they can't change it from hourly to fixed. If you are still negotiating/interviewing, then they can offer you either type of contract--it doesn't have to be the same as originally advertised. BUT you don't have to accept it unless you feel completely comfortable with the terms, and that you can be sure of a thrilling outcome. Otherwise, you are risking your soon-to-be track record and when you are just starting out, every single contract weighs a lot!

If you've entered into an hourly contract and they are asking you to report hours/progress/work completed in some other way than tracking your hours, and get paid on some basis other than per hour worked, don't agree to it! You'll have zero payment protection if they turn out to be shady.

ETA: Agreeing to a non-standard workaround is likely to end in tears even if the client is not shady but simply inexperienced or incompetent about defining tasks and accepting how long it takes to do things. You could wind up working zillions of hours to complete the tasks required to get paid.

Re. non-compete agreement: I would never sign one for a freelance client. It blocks you from working for any other client they think competes with them, which seriously hinders you in building a niche for your services. A non-disclosure agreement, on the other hand, is usually fine. I sign those all the time, often before entering into a contract so the client can share proprietary info with me, enough to scope the project. Be sure to read and understand anything you sign!

prestonhunter · ‎03-05-2019

re: "They also claim I don't have to track hours on Upwork, that they can see that I do xx tasks on their end. And when I hit their number, I would be paid the agreed amount."

This does not at all sound like a person who can be trusted.