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Re: Client Threatening

agarwal-saifali
Active Member
Saifali A Member Since: Feb 8, 2019
1 of 14

Hi there,

One of my client has hired me on hourly contract basis. He is asking me for refund after 2-3 months of payment done. He is threatening me to refund the payment or else he will file a legal action. I am not sure what should i do in this situation. If anyone can help me with this would be great.

Thanks

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
2 of 14

Do not issue a refund.

 

You live in India. The client does not.

 

He is not going to take legal action.

 

Tell the client that he may discuss the matter in the Community Forum and you will follow the counsel provided there.

 

Do not argue with the client. Do not negotiate with the client. Inform the client that if he wants to discuss a refund or anything of the sort, then he must explain his reasons in the Community Forum. That is the only option you are providing him.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
3 of 14

Saifali A wrote:

One of my client has hired me on hourly contract basis. He is asking me for refund after 2-3 months of payment done. He is threatening me to refund the payment or else he will file a legal action


I don't see an ongoing contract on your profile? From when is the contract?

As far as "the legal action" is concerned, is the client in the same country as you are?

 

Preston H wrote:

Tell the client that he may discuss the matter in the Community Forum and you will follow the counsel provided there.


Inappropriate suggestion. This is not the place for a kangaroo court.

It's a bit like putting two spiders in a jam jar and I would hazard a guess the thred would be shut down in no time at all.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
4 of 14

Petra: I don't know that that this is an inappropriate suggestion. I don't think this method of resolving these matters has really been tried and tested.

 

Imagine this as a new philosophy for Upwork generally:

 

If a client is unwilling to come to the Community Forum and explain why they should receive a refund, then the client should not receive a refund.

 

No rules would need to be changed with regards to clients disputing hourly work from the previous week - within the 5-day review period.

 

But when this time period has passed, a client's recourse would be the Community Forum.

 

If the Forum participants heard the client's side and decided that the client should indeed receive a refund, then the freelancer would be expected to issue a refund.

 

Obviously Upwork is NOT officially promoting this idea right now.

So think of this as a thought experiment.


I contend that if this was a generally-adopted philosphy, the outcome would be positive. We would see a reduction in baseless, inapproprite refund requests, and we would see a more fair and equitable platform.

 

And although this is NOT a "generally adopted philosophy" for Upwork as a whole and is just a "thought experiment" that I am proposing, I am serious in my advice to the original poster that she should not issue a refund, but she should offer discussion in the Community Forum as the only remaining place for the client to make his case.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
5 of 14

Preston H wrote:

Petra: I don't know that that this is an inappropriate suggestion. I don't think this method of resolving these matters has really been tried and tested.


It's happened a few times, went badly downhill very very fast and removed.

 


Preston H wrote:

If a client is unwilling to come to the Community Forum and explain why they should receive a refund, then the client should not receive a refund.


You really think clients should have to justify themselves in a public forum? That's nuts.

 


Preston H wrote:

So think of this as a thought experiment.


 

No, you thought of it as entertainment, a bit like the Circus in ancient Rome, sending client and freelancer into the arena for the entertainment of the screaming crowds.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
6 of 14

re: "No, you thought of it as entertainment, a bit like the Circus in ancient Rome, sending client and freelancer into the arena for the entertainment of the screaming crowds."

 

LOL.

Yeah.... That's true.

 

But it WOULD cut down on refund requests if this was the only option.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
7 of 14

Saifali:

The time for a client to dispute a freelancer's hourly work is within five days after the work week ends.

 

You can read more about this here:

https://support.upwork.com/hc/en-us/articles/211062158-Dispute-an-Agency-or-Freelancer-s-Hours

 

Feel free to send this link to the client as a response to anything he says about refunds or legal action. There is nothing he can do. Upwork is NOT on his side with this.

Upwork expects clients who hire freelancers to pay those freelancers for their time. This is not a complicated concept.

 

If ANY CLIENT wants to come to the Community Forum and explain why they think they should receive a refund, I will hear them out and give them a fair assessment of their situation.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
8 of 14

Preston H wrote:

Saifali:

The time for a client to dispute a freelancer's hourly work is within five days after the work week ends.


or 30 days after payment at Upwork's discretion

 


Preston H wrote:

If ANY CLIENT wants to come to the Community Forum and explain why they think they should receive a refund, I will hear them out and give them a fair assessment of their situation.


Been hired as mediator now?

efc5e71c
Active Member
Thomas S Member Since: Aug 10, 2020
9 of 14
I think its time you put down the bong, preston.
bstojadinovic
Moderator
Bojan S Moderator Member Since: Mar 9, 2018
10 of 14

Hi Saifali,

 

I'm sorry to hear about your experience with your client. We have escalated this case and your concern to our team and one of our team members already reached out to you. You should also be able to access the ticket directly here.

 

If you have any additional questions or concerns, feel free to follow up on your existing ticket and our agent will be more than happy to advise you accordingly.

 

Thank you!

~ Bojan
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