Upwork resolution incompetent and unfair

[alannipard]

I am very dissapointed at the unfair manner Upwork handled my case and frankly am scared they will throw me under the bus again when faced with a dishonest client.

I offer my story as a warning to freelancers.

Client commissions logo design. When submitting the first sketch, client likes work. Shortly thereafter client wants to convert contract to fixed price. I agree. Then client claims they want to end contract. Client contradicts and claims to not like the work now. At this point the work is in sketch mode and normally is reworked to the clients taste. Yet this client refuses to allow me to make changes. I even offer free reworkings.

Client refuses all offers and pressures to end contract. I do so and client has the gall to file a reFund claim depsite there being work done.

All this is documented in the messages. I have evidence of work being done.

Despite a thorough presentation of the evidence why the client was being unreasonable and likely scamming the system, Upwork sides with them and forces me to give them a FULL refund. Yes, depite doing documentable work, I received 0 money and the client gets away with the scam.

The most distasteful aspect to all this is that my points were never addressed. The “resolution” team never presented a clear and logical reason for depriving me of my earned money.

I never once felt the “resolution” process was giving me fair representation.

Expect Upwork to side with the client 100% in a dispute.

Cover your bases, get everything in writing and expect to fight againsy 2 parties when fighting a claim.

[petra_r]

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Leonardo A wrote:

Despite a thorough presentation of the evidence why the client was being unreasonable and likely scamming the system, Upwork sides with them and forces me to give them a FULL refund. Yes, depite doing documentable work, I received 0 money and the client gets away with the scam.

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Fixed rate or hourly contract?

How did they "force you" to give a full refund?

[tlsanders]

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Leonardo A wrote:

Despite a thorough presentation of the evidence why the client was being unreasonable and likely scamming the system, Upwork sides with them and forces me to give them a FULL refund. Yes, depite doing documentable work, I received 0 money and the client gets away with the scam.

This is very puzzling, since Upwork doesn't make any rulings in disputes. In what way did they take the client's side? Why did they not allow you to use the arbitration process as the TOS promise?

[petra_r]

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Tiffany S wrote:

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Leonardo A wrote:

Despite a thorough presentation of the evidence why the client was being unreasonable and likely scamming the system, Upwork sides with them and forces me to give them a FULL refund. Yes, depite doing documentable work, I received 0 money and the client gets away with the scam.

This is very puzzling, since Upwork doesn't make any rulings in disputes. In what way did they take the client's side? Why did they not allow you to use the arbitration process as the TOS promise?

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I was  wondering the same thing, but thought it might be an hourly contract in which case they can and do decide disputes based on the work diary.

[lysis10]

It's confusing because he says it was switched to escrow after the sketch phase but then the client decided to cancel. If this is accurate, the client is probably just another low rent farmer. But that seems like a really strange thing for even a farmer to do unless they were trying to get the work much cheaper. I've been avoiding escrow these days, but I've noticed clients like to post hourly and flip to escrow and that's an no-go for me.

[tlsanders]

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Petra R wrote:

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I was  wondering the same thing, but thought it might be an hourly contract in which case they can and do decide disputes based on the work diary.

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Maybe. I read his initial post as saying they'd converted to fixed price, but maybe that was just a suggestion that didn't happen.

[kat303]

Upwork CAN NOT force you to return whatever is in escrow. Upwork CAN NOT make any BINDING decision on who would receive the funds in escrow. They can make a suggestion, and that's all they can do. When you file a dispute an Upwork mediator will almost always come back with the response of "contact your client and try to come to some sort of agreement between both of you."

If neither of you can come to an agreement then the next and last step is to go to arbitration. Arbitration decisions ARE binding and MUST be adhered to. To go into arbitration, it would cost you $291 and the client $291 (and also Upwork $291) Arbitration is done by an outside facilitator not employed by Upwork. 

Perhaps you misunderstood or interpreted the way the mediator responded to your dispute but if you have proof such as a print out of the Upwork mediator telling you (forcing ) to return money then you need to contact Upwork with that concrete information.