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DIsputes

Active Member
Katrina R Member Since: Aug 28, 2017
1 of 9

Can someone please make sense of this - This is a dispute I have with a client whom I had completed 75% of the work before she decided to cancel it after I had supplied her with a draft copies claiming I missed the deadline but I still had 10 hours to finish the work off in which I could have had done in 2. The tasks were worth $180, so to get any chance of getting it I have to pay out $291.  She has the work, my templates etc.  I also provide proof where she shopped around trying to get the work done without paying first so turned to UpWorks as she had no intention of paying for the work.

 

If either party wishes to pursue this dispute further, you may initiate arbitration within 30 days of the original Dispute Notice filing. Neutral arbitration is performed through American Arbitration Association (AAA). AAA is an independent organization that acts as an arbitration service for Internet disputes.

The cost to file a case with AAA is $891. This fee is split equally three ways, among the client, freelancer and Upwork. Each party is responsible for payment of $291 if this process goes forward.

If you wish to pursue arbitration, please reply to this email. We will arrange payment for your share of the filing fee and, once you have paid, invoice the other party as well. When both parties have paid their fee, we will provide instructions for filing the dispute with AAA.

If neither party files for arbitration before June 13, 2019, we will close the case and any funds left in Escrow will be refunded to the client.

Community Guru
Petra R Member Since: Aug 3, 2011
2 of 9

Katrina R wrote:

Can someone please make sense of this


So what is your question?

If you want to take a calculated risk, pay the $ 291, making sure you're the first to do so.

If you pay, the client will almost certainly back out. (knowing that they will be worse off after arbitration, regardless.)

 

In that case you get your $ 291 back and all the money in Escrow.

 

Active Member
Katrina R Member Since: Aug 28, 2017
3 of 9
Only problem is I don't have a spare $291 sitting around to pay it and I
don't know anyone who would. That would be over $350AUD
Community Guru
Petra R Member Since: Aug 3, 2011
4 of 9

Katrina R wrote:
Only problem is I don't have a spare $291 sitting around to pay it and I
don't know anyone who would. That would be over $350AUD

Ah. That is really unfortunate.

Was no compromise offered?

 

Active Member
Katrina R Member Since: Aug 28, 2017
5 of 9
I tried, I told her she could pay me for my time which I was happy with $50
and she refused to come at that. Instead used what I provided her and
applied for 2 jobs if not more since using my work without paying.
Community Guru
Petra R Member Since: Aug 3, 2011
6 of 9

Katrina R wrote:
I tried, I told her she could pay me for my time which I was happy with $50
and she refused to come at that. Instead used what I provided her and
applied for 2 jobs if not more since using my work without paying.

That s*cks, but if you can't go to arbitration, there really isn't anything you can do .

She really isn't allowed to use your work though.

 

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

Katrina:

Based on your description of events, it sounds like the client you were working for on this project is unprofessional, unethical, and immoral.

 

It seems like she doesn't see you as a real person at all, and that she is trying to manipulate the Upwork system to get work for free.

 

This is unfortunate.

 

As Petra pointed out, she is not allowed to use the work that you did if she does not pay you fully for it. That is Upwork's rule, not your rule.

Active Member
Katrina R Member Since: Aug 28, 2017
8 of 9
Well she has and even said in communications that she used what I did and
just added a little to it and they said nothing and did nothing about it
apart from tell me that I had to payout twice as much as what the project
was worth to get my money, this certainly doesn't sound right. What are we
all paying UpWork for? It appears nothing because they will not even stand
up for us the freelancer.
Community Guru
Petra R Member Since: Aug 3, 2011
9 of 9

Katrina R wrote:
What are we
all paying UpWork for? It appears nothing because they will not even stand
up for us the freelancer.

There are legal restrictions that govern Escrow funds.  Disputes have to be decided by an independent 3rd party.

 

It has nothing to do with what we are paying Upwork for. Remember, if you elect to go to Arbitration, Upwork pays a third of the costs!

 

I also never thought that my fee should go towards sorting out other people's disputes.

It isn't about "standing up" for the freelancer, or for the client for that matter either.

 

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