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khanzada01
Community Member

NOT ACCEPTING ARBITRATION AS A FREELANCER ON A DISPUTE

SO, one of client who have took all the work disabled my access to the website has cancelled the project and asked for a refund which i cancelled and i had to dispute. Now, client said i will never get paid she will keep paying more to not let me get paid. I provided 100 revisions and when i asked to release milestone she said its not complete and keep sending me more revisions. When she disabled all my access, she offered me half of the amount.

 

Now, if she wants to go for an arbitration I have to pay 291$ which i dont want to. I even dont know if I am get paid for my work or not. what do you suggest? what if i dont want to accept arbitration, funds will be funded back?

16 REPLIES 16
tlsanders
Community Member

Yes, if you don't pay for arbitration, the funds will go back to the client.

prestonhunter
Community Member

re: "I provided 100 revisions and when i asked to release milestone she said its not complete and keep sending me more revisions."

Saleem:
Your biggest mistake with this project may have been that you did revisions.

 

In the future, I recommend that you do what I do:
Offer ZERO revisions.

 

In the task agreement, specify exactly what will be done as part of a milestone task. Include the statement: "Any revisions or work requested outside of what is specified here may be done using a separate hourly contract."

 

Then, once you have done the task, you submit it and you get paid for your work. The client can't ask you to do anything outside of what was written in that task.

 

Let me assure you that this particular client does NOT respect the fixed-price contract model, and she does NOT respect you as a human being.

colettelewis
Community Member


Saleem A wrote:

SO, one of client who have took all the work disabled my access to the website has cancelled the project and asked for a refund which i cancelled and i had to dispute. Now, client said i will never get paid she will keep paying more to not let me get paid. I provided 100 revisions and when i asked to release milestone she said its not complete and keep sending me more revisions. When she disabled all my access, she offered me half of the amount.

 

Now, if she wants to go for an arbitration I have to pay 291$ which i dont want to. I even dont know if I am get paid for my work or not. what do you suggest? what if i dont want to accept arbitration, funds will be funded back?


__________________

Your client is bucking the system (and cheating IMO). But as I see it, you seem to have three choices: 

 

1) Accept her offer of  half the amount she owes you, but your JSS is likely to suffer from poor feedback. 

 

2) Close the contract yourself (without pay) and risk the likelihood of poor feedback from the client. ( In either 1 or 2, if you are top rated, you can use your top-rated perk to remove the feedback both publicly and privately). However, a closed contract without pay will seriously zap your JSS. 

 

3) Call your client's bluff and take it to arbitration. She may back down, particularly if she is likely to lose. 

 

You need to get this client off your back, so the first option may be be the best - even if you lose out financially. Any closed contract on Upwork without payment will negatviely impact your JSS, so option 2 is a bit doubtful. Arbitration might work in your favour, but it would be a gamble. 

 

 

 

I asked her to pay the full for what I have worked. She is now saying she will pay nothing and pay for arbitration and fight till end and pay more so I never get paid.


Saleem A wrote:

I asked her to pay the full for what I have worked. She is now saying she will pay nothing and pay for arbitration and fight till end and pay more so I never get paid.


Pay for arbitration and see what happens. I believe she is bullying you and has no intention to go to arbitration.

If you pay for arbitration, and she does not, not only do you get your arbitration fee back, you also get all the money in Escrow.

She said it openly that she is waiting for it and she has blocked me saying "contact us through dispute"

Ultimately the only way to enforce your right to escrow funds is to go to arbitration. If you're not able and willing to pay for arbitration should this situation arise,  then you have no real protection on fixed price contracts.

 

As Petra said,  this client sounds like a bully who is bluffing about paying for arbitration. I wouldn't let her get away with it. But i can afford to take the risk. I understand that not everyone can afford it.

Thanks man, Yes I should risk it. I have got all proofs.

will my arbitration fees will be refunded if I win the case?


Saleem A wrote:

will my arbitration fees will be refunded if I win the case?


No, you only get the amount in escrow. But it seems the client's tactic is designed to bully you into not actually going ahead.

 

She may very well fold when you call her bluff.

Another thing i need to know.

 

if she agree to resolve this issue by paying me some that I agree on. What are the steps I should I take on my end so I am sure that I get the money she said she is paying.

this is client's last message

 

"Escalate it, because YOU ARE NOT GETTING PAID.

We will pay more so you dont get paid. You dont deserve it.

Just because you are broke, its not our problem. Do the work and finish the work. You are lazy."

Why are you still communicating outside the dispute?

 

Freelancers frequesntly talk themselves out of getting paid that way.

 

Go in the dispute and tell the mediator that unfortunately it seems that communication has broken down to such an extend that an amicable solution can not be reached through mediation, and ask to initiate the arbitration process.

 

Be calm, polite, factual, professional, and firm. Say as much as necessary, and as little as possile. Do not provide her with rope to hang you with.

 

NO, I m not communicating. I shared her last message before the dispute.

khanzada01
Community Member

Hi,

 

i am in a dispute with a client. She dont want to pay me for my work. She said it openly, she said she would pay more so i dont get paid. While the dispute process with upwork's agent, all my proofs made her made and she abused me on whatsapp (we have in contact on whatsapp too). She is claiming in the dispute thread that she did not text me and asking agent to dail the number. Is it going to be a part of harrasment? upworking is taking any action?

 

**Edited for community guidelines**

Hi Saleem,

 

I'm sorry to hear about your experience with this client. It looks like you have an open ticket with our Dispute team about this dispute. Please consider following up on your open ticket and kindly communicate with our team through that ticket if you have any questions, in order to keep all the information in one place.

 

Thank you!

~ Bojan
Upwork
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