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Re: Does Upwork support SCAM?

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Active Member
Enes S Member Since: May 10, 2020
1 of 10

Hello community,

After two years on Upwork, I'm having a first negative experience with one of the clients. I wanna share it with you, because I'm very confused about does Upwork and on which way protect freelancers?

I've got the invitation for the job which I accepted and successfully completed. I communicated with the client only through Upwork chat and there are all the proofs:

1. Proof of what my job is and what the client will get as a result.

2. Proof of the Price of the job.

3. Proof of completed work that I sent to the client.

4. Proof that the client is satisfied with my work.

 

Tomorrow, the day after the client stated that he was satisfied with my work, he requested an additional part of the work that was not foreseen by the agreement and which could not be implemented, so I did not have the option of a human agreement with him. He closed the contract and I demanded a dispute.


The mediator leading the dispute process demanded evidence from us. I have attached all the evidence with a detailed explanation. The client did not provide any evidence, he said that the result I sent him was not what he asked for and that he appreciated my effort and would pay me half the job. He did not attach any evidence for this statement, while I attached evidence where he clearly states that he is satisfied with the work I have done.

The client is from California and then he said that he does not want to pay me anything, he changed his mind, and he insists arbitration since they are governed by the laws of California. I really didn’t understand what this was supposed to mean if any of you know, can you write?
 
The money is in escrow and the amount is $ 450.
The mediator says that even after all the evidence that I have submitted, which clearly shows that I am talking about SCAM, they cannot decide who is right. The client did not attach any evidence and he did not answer any of the questions put to him by the mediator. 

Does all this means:

Every client on Upwork can post a job, hire one of the freelancers, get what he wants, and then he can refuse to pay for the job without any specific reason? What he did is a classic example of a SCAM. I really didn't know that Upwork supports SCAM? The client did not provide any evidence in his favor.

Does this mean that freelancers are unprotected by Upwork and does this mean that Upwork 
supports scammers and allows them to continue using the platform even though they have all the evidence that they are abusing freelancers as well as the rules of the platform? 
 
I have no problem going to arbitration but I have a problem paying $ 291 for it. I don't think that's fair because I did everything 100% correctly.
 
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Community Guru
Petra R Member Since: Aug 3, 2011
2 of 10

Enes S wrote:
 
I have no problem going to arbitration but I have a problem paying $ 291 for it. I don't think that's fair because I did everything 100% correctly.
 

Pay the arbitration fee and the client may well pull out at that point.

If the client then doesn't pay the arbitration fee, you get the money in Escrow snd your arbitration fee back.

 

If the client hasn't responded to the mediator's questions (but has participated in the proceedings) then they will be unlikely to pay the money.

 

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Active Member
Enes S Member Since: May 10, 2020
3 of 10

The client now insists on the arbitration process. He is from California and he said that he does not want to pay me anything, he changed his mind, and he insists arbitration since they are governed by the laws of California. What does it mean?

Also, can he first pay for the arbitration fee, and can I somehow check that?

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Community Guru
Petra R Member Since: Aug 3, 2011
4 of 10

Enes S wrote:

The client now insists on the arbitration process. 


 

I think the client is likely bluffing.... If you delivered what was agreed, pay the arbitration fee and either call his bluff or win arbitration. (In most cases I have knowledge of the freelancer won arbitration)

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Enes S Member Since: May 10, 2020
5 of 10

Petra R wrote:

I think the client is likely bluffing.... If you delivered what was agreed, pay the arbitration fee and either call his bluff or win arbitration. (In most cases I have knowledge of the freelancer won arbitration)

 

 


And I think he's bluffing, how I can check does he pay the arbitration fee? I don't even know what that arbitration process looks like, and I don't understand why he's invoking California law?

 

The price of the job is 450$. 20%  goes to Upwork I get the 405$.
405 - 291 = 114$

I will get 1/4 of the money for the job I have done successfully. That is insane! What would it be if the price of the job I've done was 200$? I will be in minus!? I'm really shocked that Upwork doesn't block clients like this from the platform.

 
 

 

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Community Guru
Petra R Member Since: Aug 3, 2011
6 of 10

Enes S wrote:

And I think he's bluffing, how I can check does he pay the arbitration fee? .
 

The client is trying to make you accept half by saying he'll go to arbitration (I think.) 

You can't check, and the freelancer gets to choose first.

 

Seriously, if you can afford it and you are certain that what you were hired to do was done perfectly, pay arbitration and call the client's bluff. 

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Active Member
Enes S Member Since: May 10, 2020
7 of 10

Yes, I'm 10000% I did everything correctly and perfect. The client first wanted to pay me half and then he changed his mind and now he doesn't want to pay me anything.

The title of my post is Does Upwork support SCAM?

Based on our discussion I would say the answer is yes ... what a disappointment.

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Community Guru
Petra R Member Since: Aug 3, 2011
8 of 10

Enes S wrote:


Based on our discussion I would say the answer is yes ... what a disappointment.


No.

Upwork is an Escrow agent and does not make decisions over Escrow funds. They have to be seen to support both sides equally and can only suggest solutions, which are non binding. 

 

To get a legally binding ruling, arbitration is required.

 

It's as simple as that.

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Moderator
Goran V Moderator Member Since: Mar 24, 2017
9 of 10

Hi Enes,

 

I`m sorry to hear about the bad experience you had. I would like to clarify that the dispute specialist may provide a non-binding recommendation. If the recommendation is rejected, you and your client may choose to proceed to arbitration for a fee.

 

The Arbitration is provided by American Arbitration Association (AAA), a neutral third-party arbitration provider. The fee for arbitration is $875 and is split three ways, with the client, the freelancer and Upwork each paying one third of the fee. AAA handles the arbitration process in full. The process may take up to 30 days before the arbitrator provides the decision.
To learn more about oud dispute process check out this Thread. Thank you.


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Active Member
Enes S Member Since: May 10, 2020
10 of 10

That's correct! But when I say that Upwork supports SCAM I mean:

 

This client is still active on the platform, which means that Upwork does not see anything wrong with his behavior, more precisely SCAM, and allow it to happen to someone else in the future.

I wish I am wrong, but this means every client on Upwork can post a job, hire one of the freelancers, get what he wants, and then he can refuse to pay for the job without any specific reason. 

 
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