May 11, 2020 02:10:49 AM by Elijah A
Solved! Go to Solution.
May 12, 2020 03:20:23 AM by Jennifer R
Elijah A wrote:
Hi, am currently on a dispute with a client of $1400 which I filled for a disputed,
Lara then initiated arbitration and asked for us to pay the fees of $291, but just now the client and I have come to a mutual agreement that he will release 90% of the funds and when I do the admin panel (which wasn’t part of the contract ) he will release the remaining 10%.
Is this possible?
We know that the client aready closed the contract.
My personal opinion (I wrote more but the reply was lost when sending the reply failed):
Make him pay the 90% asap and then stop working for this client.
Do not miss the deadline for the arbitration. The client might try to delay you from entering in time, so you lose. Unless he paid you well before, call it bluff and pay your $291.
Results:
A: You get 90% ($1260)
B: You get 100% - your arbitation fee ($1109)
C: You get 100% ($1400)
You already received a negative feedback, but you can report the ToS violations (taking payment off Upwork + asking for free work) which hopefully is enough to remove this client from the platform.
Next time report the client as soon as they try to violate the ToS and use the "Submit work for payment" butten when handing over your work.
May 12, 2020 02:40:21 AM by Elijah A
May 12, 2020 02:49:25 AM Edited May 12, 2020 02:50:00 AM by Goran V
Hi Elijah,
I`m sorry to hear about the bad experience you had with your client.
Please post any additional information/agreements directly on your dispute. Our dispute agent will assist you and your client further directly there and will guide you further.
To learn more about disputes check out our resources Here. I hope that you and your client will come to a positive agreement for both sides and resolve the dispute as soon as possible. Thank you.
May 13, 2020 11:57:03 AM by Elijah A
May 13, 2020 12:26:09 PM by Bojan S
Hi Elijah,
I'll go ahead and follow up with the team handling your case and you can expect to receive an update on your ticket as soon as possible.
Thank you for your patience.
May 12, 2020 03:20:23 AM by Jennifer R
Elijah A wrote:
Hi, am currently on a dispute with a client of $1400 which I filled for a disputed,
Lara then initiated arbitration and asked for us to pay the fees of $291, but just now the client and I have come to a mutual agreement that he will release 90% of the funds and when I do the admin panel (which wasn’t part of the contract ) he will release the remaining 10%.
Is this possible?
We know that the client aready closed the contract.
My personal opinion (I wrote more but the reply was lost when sending the reply failed):
Make him pay the 90% asap and then stop working for this client.
Do not miss the deadline for the arbitration. The client might try to delay you from entering in time, so you lose. Unless he paid you well before, call it bluff and pay your $291.
Results:
A: You get 90% ($1260)
B: You get 100% - your arbitation fee ($1109)
C: You get 100% ($1400)
You already received a negative feedback, but you can report the ToS violations (taking payment off Upwork + asking for free work) which hopefully is enough to remove this client from the platform.
Next time report the client as soon as they try to violate the ToS and use the "Submit work for payment" butten when handing over your work.
May 12, 2020 03:31:03 AM by Elijah A
May 12, 2020 04:49:27 AM by Jennifer R
Elijah A wrote:
Thanks soo much Jeniffer for the advice.
Please the deadline for payment of arbitration is still 5 days, am I right ?
No idea, I only know what you posted in the forum.
May 12, 2020 04:39:57 AM by Jennifer M
Elijah A wrote:
Hi, am currently on a dispute with a client of $1400 which I filled for a disputed,
Lara then initiated arbitration and asked for us to pay the fees of $291, but just now the client and I have come to a mutual agreement that he will release 90% of the funds and when I do the admin panel (which wasn’t part of the contract ) he will release the remaining 10%.
Is this possible?
ooof, bad deal. He just conned you into doing double the work for the same rate. lolol
May 12, 2020 04:44:41 AM by Elijah A
May 12, 2020 05:03:08 AM by Jennifer M
Elijah A wrote:
Nah no way, looking at his profile he has posted 25 jobs and 0 client reviews meaning he has been doing this to other Freelancers, I have got all my evidences and also he did texted me on Skype offering to pay me outside Upwork. He also threatened to sue me legally which obviously made him look like a joke.
Am definitely going in for arbitration
oh, I thought you said you were doing more work for 90% of the money. So ok, if you're going for arbitration, the mediator will tell you to pay up and when he/she does this, they tell you the number of days. I think it's 3 business days but might as well do it right away to get it off your plate.
May 12, 2020 05:14:39 AM by Elijah A
May 12, 2020 05:18:59 AM Edited May 12, 2020 05:36:28 AM by Will L
Good luck getting paid what you are due, Elijah.
Upwork says in its Escrow Agreement that it reserves the right to release to the freelancer or return to the client escrowed funds at its "sole discretion," so this can work to the advantage of either the client or the freelancer.
https://www.upwork.com/legal#fp
Upwork also says it removes from freelancers' JSS calculations feedback from clients whose feedback is consistently negative, but it would be a great help if freelancers were also provided enough information about each client's history on Upwork to provide the transparency needed to make an informed decisions about whom to work with.
I wouldn't mind if Upwork made public certain statistics for freelancers and clients, including:
1) What percentage of their contracts have they cancelled?
2) What percentage of their contracts have been subject to mediation?
3) What percentage of their contracts?
4) What has a client's average public and private feedback been for freelancers?
None of this information may ever be provided, but it never hurts to ask. Back in May 2019 I pointed out that weighting feedback by the relative size of each contract would make the JSS computation more relevant:
That has now been implemented by Upwork:
"Jobs with higher earnings weigh more and will have a bigger impact on your score."
https://support.upwork.com/hc/en-us/articles/211068358-Job-Success-Score
Thanks, Upwork!
May 12, 2020 05:57:19 AM by Elijah A
May 12, 2020 06:16:36 AM by Jennifer R
Elijah A wrote:
Exactly that’s a point, am sure Upwork has thought about this but they fear to implement it cause they will loose lots of Clients on their platform. But also Upwork needs to also take into consideration lots of clients on Upwork are Advantage-takers, meaning they come unto Upwork platform and play around with the system but funding contracts and when the freelancer submits they request for funds which some of the freelancers will succumb to cause they don’t want to loose their JSS
That we do not really know. We only tend to hear from freelancers, when they feel they got scammed. In many cases it is underfunded milestones or freelancers not handing over the work properly (meaning using the submit work for payment dialog). But I actually think there is a bright sight to it. The ToS say, the work has to be fully paid for the client to own the work, in other words: If the client only partially fund the contract, he may pay the freelancer money, but cannot use the work because it is still owned by the freelancer. This is quite handy when it comes to writing or design because many things appear on the internet and a DMCA can be filed for free.
Withholding payment in return of a better feedback is a ToS violation. Most freelancers comming here complaining about that should just read the ToS and act on them. It would solve most of these issues before they arise.
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