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Marianne's avatar
Marianne B Community Member

The customer service is responding to the client in private in a Request I am CC'd

Hi Admin and Freelancing community,

 

I am CC'ed in a Request by the client. The Mediation Team has responded to my last message and mentioned that she has a private message to the client. I did not get a response on what is the resolution of the Request. Should I open my own Request? The contract is paused by the client and doesn't have a Dispute mark.

 

I do not wish to continue working for this client for FREE WORK. Should I End the Contract now?

 

Thank you in advance!

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Petra's avatar
Petra R Community Member


Marianne B wrote:
Manual time is never protected.

The client insisted on the manual time -


When a client *insists* on manual time, you don't work with them. Simple. There would only ever be one reason for a client to insist on manual time... A client also can't stop you tracking your time on an hourly contract.

 


Marianne B wrote:

He is disputing the 1st week of the contract

  • February 22 to February 28th, 2021 (1st week of a 2-week contract, where he told me he is happy with my work)

When did the dispute start??? If very recently, the client can't dispute anything from February. That is outside the 30 day timeline and all there can be is Mediation. Are you sure you have a dispute and not mediation? In Mediation (which can't make any decisions at all) you can simply say that you did the work, the client was happy and that you will not refund anything. Say this calmly and professionally, but firmly. Remind the mediator that the client did not by the dispute deadline and stick to your guns.

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Petra's avatar
Petra R Community Member


Marianne B wrote:

I am CC'ed in a Request by the client. The Mediation Team has responded to my last message and mentioned that she has a private message to the client. I did not get a response on what is the resolution of the Request. Should I open my own Request? The contract is paused by the client and doesn't have a Dispute mark.


Wait. Do not open your own request. Simply wait until the dispute specialist comes back to you.

Is the dispute for an hourly or fixed rate contract?

Marianne's avatar
Marianne B Community Member

Hi Petra,

 

Thanks for your advice. I did not open a request.

 

This is a dispute for an hourly contract with manual weekly timing. The 2nd weekly timing was approved then refunded immediately. The Request is to refund also the 1st weekly timing to which I don't agree with.

Marianne's avatar
Marianne B Community Member

May I add that the client just paused the contract and has not ended it yet. Should I end it? What will be its impact on the dispute?

Petra's avatar
Petra R Community Member


Marianne B wrote:

This is a dispute for an hourly contract with manual weekly timing. 


If you used manual time, (rather than track your time correctly with the tracker) that time is in no way protected and in the case of any dispute, the client wins by default. 


You are warned of that every time you add manual time. The only question is how far back Upwork refund the client. You will lose the previous week's pay for certain, and potentially up to 30 days back.

Marianne's avatar
Marianne B Community Member

I see, but it was the client who told me and set that manual timing for the contract. He approved the 1st weekly milestone. He even said he was happy. 

 

Can you please explain me further what is said here - Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions 7.1 DISPUTES INITIATED VIA THE PLATFORM.

Petra's avatar
Petra R Community Member


Marianne B wrote:

I see, but it was the client who told me and set that manual timing for the contract.


It doesn't matter. Manual time is never protected.

 


Marianne B wrote:

He approved the 1st weekly milestone.


There are no milestones for hourly contracts.

 


Marianne B wrote:

Can you please explain me further what is said here -


What is unclear?

At the end of the day, if you use manual time, you lose any dispute. 

 

Which week is currently being disputed?  The week the client can have disputed this (!!) week is the week 22nd to 28th of April.

 

Marianne's avatar
Marianne B Community Member

Manual time is never protected.

The client insisted on the manual time - the client gets free work?

 

Which week is currently being disputed?  The week the client can have disputed this (!!) week is the week 22nd to 28th of April.

 

He is disputing the 1st week of the contract

  • February 22 to February 28th, 2021 (1st week of a 2-week contract, where he told me he is happy with my work)
  • March 1 to March 7th, 2021 - 2nd week of a 2-week contract - already disputed & refunded by the client

He was unresponsive when I was submitting my research. I needed him to provide the material, which he promised at the start of the contract, and I need those to get the outcome of the project. Upon the end of the 2nd week, his 1st message is that unfortunately, I did not provide the deliverables, he is not satisfied and therefore needs to refund everything - that is so suspicious for me.

 

That is not fair for me because he did not do his part. He was poor in communicating and had unclear requirements. He still has the research and all work that I did, which he can still use, and looking at his profile he still has those jobs open for other freelancers. I'm just wondering if the freelancers who will work for him will also have manual time and the same experience as me, or if his past freelancers were also disputed after doing the work. And then he got free work again.

Petra's avatar
Petra R Community Member


Marianne B wrote:
Manual time is never protected.

The client insisted on the manual time -


When a client *insists* on manual time, you don't work with them. Simple. There would only ever be one reason for a client to insist on manual time... A client also can't stop you tracking your time on an hourly contract.

 


Marianne B wrote:

He is disputing the 1st week of the contract

  • February 22 to February 28th, 2021 (1st week of a 2-week contract, where he told me he is happy with my work)

When did the dispute start??? If very recently, the client can't dispute anything from February. That is outside the 30 day timeline and all there can be is Mediation. Are you sure you have a dispute and not mediation? In Mediation (which can't make any decisions at all) you can simply say that you did the work, the client was happy and that you will not refund anything. Say this calmly and professionally, but firmly. Remind the mediator that the client did not by the dispute deadline and stick to your guns.

Aleksandar's avatar
Aleksandar D Community Manager

Hi Marianne,

 

I checked and it looks like you were CC'ed on the main ticket as per the process. Our dispute agent started a private conversation with both you and your client, but neither of you is CC'ed on the other one's ticket.

 

For more information about disputes, I recommend checking out this Community thread.

 

Thank you.

~ Aleksandar
Upwork
Marianne's avatar
Marianne B Community Member

Hi Aleksandar,

Here's the last message on the thread that I am CC'ed

Karen last message.png

 

But I don't see a private convo for me regarding the same subject.

Pradeep's avatar
Pradeep H Moderator

Hello Marianne,

 

I see that the mediation process is still in progress and your client has just responded to the same conversation. One of our team members will reach out to you within 48 hours to update you with more information on your mediation request. Feel free to update your mediation conversation here if you have any questions. 

 

Thank you

Pradeep H.

 

 

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