May 19, 2020 04:18:32 AM Edited May 19, 2020 04:27:57 AM by Enes S
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.
May 19, 2020 04:38:59 AM Edited May 19, 2020 04:41:27 AM by Petra R
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.
May 19, 2020 04:42:07 AM by Enes S
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?
May 19, 2020 05:03:31 AM by Petra R
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)
May 19, 2020 05:15:21 AM Edited May 19, 2020 05:24:32 AM by Enes S
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.
May 19, 2020 05:32:30 AM by Petra R
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.
May 19, 2020 05:42:09 AM by Enes S
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.
May 19, 2020 05:50:13 AM Edited May 19, 2020 05:52:33 AM by Petra R
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.
May 19, 2020 05:55:50 AM by Goran V
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.
May 19, 2020 06:22:19 AM by Enes S
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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