Specific Protocol to Submit Claim for Arbitration

[1f70970a]

I understood that Upwork has mandatory mediation and arbitration protocols which I must follow and document, prior to initiating actions outside their terms of service and restrictive clauses.

I wish to dispute the low scoring I received from a client.

Client immediately started coercing me into leaving the Upwork platform right after activating the contract.

Client insisted it was in my best interest so that I could circumvent the 20% deduction from earnings.

Sent me independent contractor agreement to sign electronically, sent me NDA forms to sign electronically, configured custom Workspace email address, asked to download proprietary platform, etc..

I declined this twice, and reminded - again - that I wish to remain a freelancer, not leave the platform, retain my autonomy and control over my schedule. 

Client closed the contract. What a relief. The hiring practice is clearly deceptive to say the least.

My concern is client left a low score of 3.4, with the low rating coming from the 'availability' scoring, probably as a retaliatory reaction to not agreeing to migrating off the platform towards their in-house contractor payroll. 

I contacted the client and expressed my disappointment politely, but factually. I informed him that I activated the feature allowing him to revise this scoring.  Client refuses to revise.  I am new to Upwork, and feel that the retaliation will affect my future performance, as this was my second job.

From my in-depth reading of articles in the support section and the community here, Upwork does not get involved in scoring or feedback left my clients unless they violate TOS - and it happens in rare circumstances.

That being said, I wish to receive the correct and current email address to file a complaint and initiate arbitration. Not looking for advice; only the correct steps to follow to initiate claim, so I can document I followed the guidelines and completed those, and an compliant to move on to outside counsel. 

Thank you in advance for providing me with the appropriate section / email on Upwork.  I do not know the protocol to submit a ticket for the attention of  the Legal department.

Warmly,

Brigitte

[spectralua]

What is the amount of the contract that you want to challenge in question? Arbitration cost is $293. Do I understand correctly that you received the money and issued a refund? If not then you have no reason to involve Upwork arbitration. I understand that this is not an answer to your question but perhaps I will save your time by showing the futility of the idea. Promising and asking for outside works is a ToS violation but not ground for initiate arbitration.

Email not using for start. First step is dispute. 

[1f70970a]

Thank you for your reply. 

Nowhere did I mention I was challenging the contract, nor requesting refund. Work has been paid in a timely manner for 4 weeks.

Yes, it clearly appears client is in violation of TOS for repeated coercion, starting with the interview stage, and after activating contract - in pressuring freelancer to work outside of Upwork as an independent contractor on their payroll. Thank you for your input. Looks like I don't need to involve Upwork, can therefore initiate my own actions. Thanks Mykola.

[a_lipsey]

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Brigitte W wrote:

Thank you for your reply. 

Nowhere did I mention I was challenging the contract, nor requesting refund. Work has been paid in a timely manner for 4 weeks.

Yes, it clearly appears client is in violation of TOS for repeated coercion, starting with the interview stage, and after activating contract - in pressuring freelancer to work outside of Upwork as an independent contractor on their payroll. Thank you for your input. Looks like I don't need to involve Upwork, can therefore initiate my own actions. Thanks Mykola.

---

Hi Brigette, mediation and arbitration are not for disputes about ratings. You need to report the client via the messages they sent in the message center (report the ones that ask you to get paid off platform, etc.). Mediation and arbitration are for payment disputes. There is no way to dispute feedback; however, Upwork does exclude some client feedback if they client consistently gives poor reviews or if they have been suspended. I will flag this for a moderaor so they can assist you. 

[ArjayM]

Hi Brigitte,

I'm really sorry to hear about this experience you had with a client. If the issue can’t be resolved with the client and you feel you have received feedback that violates Upwork's Terms of Service, please contact Upwork Support by selecting Get Support in the bottom right-hand corner of the page. For your dispute to be considered by Upwork, you must include a detailed discussion of the contract and a written statement describing how the feedback violates Upwork's Terms of Service (most relevant violations are listed in the Terms of Use).

You may check this help article for more details about the process. Let us know if you need further assistance. Thank you!

[1f70970a]

Already completed this step on 09/17. Have support ticket open

No reply received yet

The 'support' - if you can call it that -is.....s-l-o-w.   

Moving on to outside counsel

[759e32fa]

Hi Brigitte,

Apologies for the delay as our support teams are currently experiencing a higher number of contacts than usual. Rest assured the team will address your concerns and questions in the ticket as soon as possible.

[gilbert-phyllis]

Your feedback to the client on the project in question clearly indicates you don't yet understand one of the most important terms of service: with any client you initially encounter via Upwork, you are obligated to keep all financial transactions on the platform for a period of two years (unless the client pays the one-time Converstion Fee which is calculated at 13.5% of your hourly rate x 2,080 hours). If you had found this client to be a good fit and, after a few weeks, moved the project off the platform, it would be grounds for UW to permanently ban you from the platform. 

[1f70970a]

Ms. **Edited for Community Guidelines**,

Humm.. thank you for your eagerness in sharing your knowledge of TOS
Looks like perhaps you made some erroneous assumptions:
Let me clarify:

It is THE CLIENT who initiated, and repeatedly coerced the freelancer to
leave the platform --- NOT the other way around!

It is I, the freelancer, who reminded client of the platform's TOS and that - IF I agreed to leave the platform, it would be detrimental to my future use - in addition to the costs & fees associated that would be at his expense - and that these costs are his to bear as the client. I even suggested he contact Upwork for outline of those fees.

When I stood my ground, the client closed the contract, which is n-o-t- what I am complaining about.

I am complaining about the WEAPONIZING of the score feature by the client and the appalling monitoring of clients' abuse of scoring and/or feedback.

GOT IT NOW?

>> Lastly, as I mentioned in a previous reply, I am now represented by outside counsel since 09/17 - 

[gilbert-phyllis]

Please do keep us posted on how your outside counsel fares in pursuing this matter. I'm sure I speak for several in saying we'd be most interested in the outcome.

Meanwhile, preserving clarity for those reading along... My comment referred to a passage in the visible feedback on the project in question, "During interview, client probed whether freelancer is open to working off the Upwork platform. Freelancer mentioned that this could be discussed in due course, eventually, but after a mutual fit has been determined following several weeks of collaboration" -- OP didn't mention the required $5,300 opt-out fee in her fb comment but obviously might have mentioned it in conversations with the client.