Client wants to cancel contract without paying for work submitted

[dima-mneimne]

Hi Upworkers,
Sorry long message below but I want to make everything clear
So yesterday I started a new project. The client required that I redesign 2 infographics (charts) in the same style she provided but with her own information and colors to avoid copyright infringment. So no real creative design there.
I did exactly what I was asked and sent it. She was very brutal with her feedback and when I requested further clarification she would say "I can't clarify. I rely on designers to make things look good". Now, I have been a top rated designer for over 2 years on this platform and I know a thing or two about design.  Anyways, I did another 2 samples with different colors and fonts and resent them. 

She replied saying that they were better but that she got in contact with her old "buddy" designer and she did it for her for free. I said ok I can offer a 50% discount since you are not going to use it but I cannot offer free work or waive my fee for something I worked on especially as I was not at fault. She said it was fine. 

Today, she messages "Hi Dima, I'm not sure how to pay you $20 instead of $40. I think what would make the most sense is for me to cancel the contract. I won't leave any feedback so your reputation/rating does not go down. I think that's the most fair thing to do since I won't use the infographic you created. It was not suitable for my needs" 

Now really isn't that some kind of blackmail? You accept not being paid and I don't leave a bad feedback? What can I do? Can I report it anywhere?

[a_lipsey]

Well, also, cancelled contracts with no funds paid to them will definitely hurt your JSS. So she's wrong that not leaving feedback will not hurt you. 

I am not certain if her offer to not leave feedback is considered feedback manipulatio per the TOS. That seems to be a sticky area. [Personally I agree with you, but Upwork has ruled in the past that it's not, for example, when a client offers 5 star feedback in return for a low rate.] 

There should be some dots you can click on her message to report her in your messaging dashboard. 

[dima-mneimne]

Thanks as I mentioned to Petra she was obligated to release funds in order to close contract and changed her tone overall. It is really not nice when clients take advantage of the JSS system to get what they want but Escrow was fair enough. Thanks for your input

[petra_r]

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Dima M wrote:

Today, she messages "Hi Dima, I'm not sure how to pay you $20 instead of $40.

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Simply submit the work and ask for $ 20 instead of $ 40 so the client can approve the $ 20.

Then close the contract (after the $ 20 were approved) and close the contract yourself.

If she leaves poor feedback, just use your top rated perk to deal with it (if you haven't used it in the last 3 months and 10 contracts)...

PS - looks like the client did figure out how to pay you $ 20 after all? It's the Two infographics contract, right?

[dima-mneimne]

Well turns out you cannot close contract without releasing payment (i figured that today) so she closed and asked for 20$ refund and sent me this:
"I decided to pay you half and I also left you 5-star ratings on each criteria because I believe you were not the right match for my project but that you are skilled and could be a good match for another project. I hope you also leave positive feedback for me. "
I honestly believe that she was kind of obligated by upwork to release the payment and if it wasn't for escrow she wouldn't have changed her mind. I also truly believe she changed her mind with leaving feedback so that I provide refund with no hassle. Not the nicest client I have encountered and so glad to be done with this.
Not sure I want to leave an all so positive rating though, what do you think? Thanks for your feedback and all hail the upwork escrow system 😁😁

[robin_hyman]

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Dima M wrote:
Well turns out you cannot close contract without releasing payment (i figured that today) so she closed and asked for 20$ refund and sent me this:
"I decided to pay you half and I also left you 5-star ratings on each criteria because I believe you were not the right match for my project but that you are skilled and could be a good match for another project. I hope you also leave positive feedback for me. "
I honestly believe that she was kind of obligated by upwork to release the payment and if it wasn't for escrow she wouldn't have changed her mind. I also truly believe she changed her mind with leaving feedback so that I provide refund with no hassle. Not the nicest client I have encountered and so glad to be done with this.
Not sure I want to leave an all so positive rating though, what do you think? Thanks for your feedback and all hail the upwork escrow system 😁😁

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Now you have to wait to see if her private feedback negatively affects your JSS.  I would be as cordial as possible and also educate her that a contract without payment damages a freelancer's reputation (JSS).  

My pov is to offer honest public feedback.  Maybe you weren't the right fit, but this client wanted a refund even after you did the work.  Other freelancers have the right to know when applying to future jobs with this client.  

[dima-mneimne]

Thanks just thought about it and will definetely take your advice into consideration. Thank you!

[petra_r]

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Dima M wrote:
Well turns out you cannot close contract without releasing payment 

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Well, you can. She could have closed the contract and requested all her funds back rather than only half.

Personally I think this was a matter of a not so great fit rather than an evil client to be honest.

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Dima M wrote:

I honestly believe that she was kind of obligated by upwork to release the payment 

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She wasn't.

As far as feedback is concerned, there is always the option not to leave any.

[dima-mneimne]

I really wouldn't have minded a full refund if I felt I was at fault. I provided now 50% refund even though I truly believe I completed this task perfectly and was not obligated to any refund.

The job was very straightforward really a matter of black or white so there wasn't really something to discuss, simple redesign same style different information and colors. It is like ordering pizza at a restaurant then deciding you don't want pizza anymore and you don't want to pay for it even after it's been already cooked. 

The way I see it, client had the chance to get free work and regretted having agreed prior with me and wanted to bail out. Refunding may have led to open a dispute. 

The JSS system really stresses me out especially near Sunday rating. I really like this platform and enjoy my work but some clients just can be unfair. I am not saying mean, but rather unfair, I don't mind getting a 2 or a 3 on skills or quality if  you feel that is what I deserve (these may sometimes be considered subjective in the design domain and I kind of understand not getting a perfect score on them), but if I met your deadline, was always available and willing to cooperate, you cannot give me a low rating on all categories just for the sake of low rating. 

[prestonhunter · Accepted solution]

A client should not hire a freelancer to do a fixed-price project for $40 unless that client is 100% ready to lose that $40 and never get it back.

Because what if the freelancer does the project perfectly? It is Upwork's intention that the $40 goes to the freelancer, and the client never gets it back.

ALSO: What if the freelancer does the task imperfectly?

It is STILL Upwork's intention that the $40 goes to the freelancer, and the client never gets it back.

If I hire a freelancer to do a task, and then she does the task, and I try to avoid paying her, or only pay her half, that is theft. That is no different than if I go to a restaurant with friends, order $100 worth of food, and then only leave $50 in payment. I tell the waitress: "Well, I thought the soup was too salty."

You know what? Too bad. You ate the soup. I can't take the soup back to the kitchen and serve it to somebody else. If you think the soup was too salty, then don't order the soup the next time you come in. Or don't return to the restaurant. Or give the restaurant a bad review on Yelp. Or your Instagram or whatever. If you had told me the soup was too salty, I would have removed the bowel of soup and removed the item from your ticket. You would not have been charged for the $2.95 bowl of soup. But for you to walk out without paying $50 of a $100 bill? No, that is not okay.

(And by the way: I tasted the soup. It was not too salty.)

This kind of thing, whether on Upwork or in a restaurant: It is bad client behavior.

If I hire a freelancer to do a $40 fixed-price contract and she does a bad job, then I release the $40 and I stop working with her. I won't hire her again.

It's that simple.

What if I am the freelancer, and a client wants to pay me $20 out of $40?

Then I accept the compromise without question. The client says this or says that or complained about whatever and that's not true, etc., etc. None of that matters to me. If you are going to hire me for a $40 contract and then try to weasel out of paying half of it? I don't have time for that. I agree to the compromise so that I don't need to spend time thinking about this client. And I don't work with that client again.

[dima-mneimne]

MAJOR KUDOS TO YOU!! Exactly my thought. The 20$ or 40$ isn't really worth the hassle but it was really the approach of the client that made me kind of sad. But your demonstration makes perfect sense.  Thanks!