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e54e8d4e
Community Member

Unfair upwork dispute system which favours clients over freelancers

I recently came across a dishonest client, who was rude from the very start. Despite working hard for him and ignoring my other clients at a different timezone when I usually work in, the client filed a dispute and upwork seems to be favouring him. The dispute process seems unfair. 

 

The client already filed an hourly dispute for the same time disputed and since my upwork timesheet had proof of the screenshots, he was not awarded anything more than a refund of about 50 minutes of time. He later went back to the dispute center and filed another dispute for the refund of the entire amount again.

 

If upwork is indeed about having an hour paid for an hour worked, can any client file a dispute at any time in the future and expect reversal for all the work that is done via the upwork time tracker in accordance with upwork policies ?

 

This seems unfair. Seems like anyone can expect free work to be done and abuse the upwork dispute system long after the work is done. 

 

Regards

Ash

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petra_r
Community Member


Ashutosh N wrote:

The client already filed an hourly dispute for the same time disputed and since my upwork timesheet had proof of the screenshots, he was not awarded anything more than a refund of about 50 minutes of time. He later went back to the dispute center and filed another dispute for the refund of the entire amount again.


That is not a dispute. The dispute is over. This is only mediation, and Upwork can't force you to refund anything. Say as much as strictly necessary, but as little as possible, and simply say the work was done and the time tracked correctly.

 

This, too, will pass. Remember it's mediation now and non-binding.

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6 REPLIES 6
petra_r
Community Member


Ashutosh N wrote:

The client already filed an hourly dispute for the same time disputed and since my upwork timesheet had proof of the screenshots, he was not awarded anything more than a refund of about 50 minutes of time. He later went back to the dispute center and filed another dispute for the refund of the entire amount again.


That is not a dispute. The dispute is over. This is only mediation, and Upwork can't force you to refund anything. Say as much as strictly necessary, but as little as possible, and simply say the work was done and the time tracked correctly.

 

This, too, will pass. Remember it's mediation now and non-binding.

e54e8d4e
Community Member

Thanks for the encouraging words Petra.  I will try just that 🙂

33a2d858
Community Member

Upwork system does not favor client. Upwork Dispute system is unfair because:

say you have a dispute over a $50-100 project. The arbitation costs $360 for both parties so even if you win, you lose. Also the fees are paid by both and not only the loser of the dispute. Also, the mediation team in my case didn't even check the evidence I gathered for days. Raymond A. suggested the scammer to get the most money, even more than what the scammer suggested to give me back!! this scammer does this continuously on this platform exploiting this unfair system. 

Upwork Dispute System is useless and allows scams this way. 

In other platforms the scammer would be banned, his review would be removed and the money would be fully refunded

wlyonsatl
Community Member

Yeah, there is no cost-effective and enforceable payment protection worth pursuing for small fixed price projects. Having money in "escrow" is no guaranty of payment with the wrong kind of dishonest "client."

 

But how do you know, "this scammer does this continuously on this platform exploiting this unfair system."?

 

 

33a2d858
Community Member

Yes I cannot be sure but I see 10+ past projects with bad reviews explaining similar situations like mine, and judging from her reviews to clients. I know I was scammed for sure. This is very concerning ... Its my fault for not checking thoroughly but I was protected in other platforms and I valued Upwork as a quality platform. I am tempted to assume they are doing it to get more money from arbitrations in some way... It's outrageous. 

I hoped that her saying obvious lies e.g. supporting in the dispute group chat that "drug addicts" is a known term for machine learning, would lead her being immediately banned before the need to go to an arbitration. 

Specifically, in Fixed Price Service Contract Escrow Instructions: https://www.upwork.com/legal#fp

 

10. COOPERATION WITH THE DISPUTE ASSISTANCE PROGRAM All claims, disputes or other disagreements between you and another User that are covered by the Dispute Assistance Program must be resolved in accordance with the terms in the Dispute Assistance Program. All claims filed or brought contrary to the Dispute Assistance Program will be considered improperly filed, unless otherwise required by law, and Upwork will have the right to take any other action, including suspension or termination of your User Account, as defined in Section 1.4 of the User Agreement, which may impact your ability to withdraw funds, and any other legal action as Upwork deems appropriate in its sole discretion.

11. ABUSE Upwork, in its sole discretion, reserves the right to suspend or terminate your User Account, as defined in Section 1.4 of the User Agreement, immediately upon giving notice to you if Upwork believes you may be abusing the Dispute Assistance Program or as otherwise permitted by the Terms of Service, which may impact your ability to withdraw funds. However, any disputes for any Fixed-Price Contracts that existed prior to termination will be subject to the Terms of Service.


Or find another way to bring justice to the case.... 😞

I worked hard for the evidence, I am struggling with my project and financial damage, and now i have to pay even more? Now I cannot even trust I will get my money back even in arbitration.. I don't know who will arbitrate.. And even if I win, I will lose even more!!!!

33a2d858
Community Member

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