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Re: What Is Fair?

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Active Member
Aileen C Member Since: May 23, 2017
1 of 18
Hi,

I have a client who wants a refund on all the work I did for her which is about a month. She said that she did not assigned me the task but I got email notifications about it with instructions on my email. I told her that she approved the payment for each week and Upwork always gives clients a week to review everything before approving any payment. So if she approved it then it means that I’m supposed to do it right? Now she said I’m not supposed to do it and wants a full refund right away. I apologized to her and offered to pay back each week since I already used what I’ve earned on my mom’s funeral and the payment was every week as well. I even offered to provide services for her for free just to be fair if I really did something wrong and if there’s a miscommunication. However she said that if I did not give everything back she’ll report me and give a one star rating even after I worked and researched hard on the task she won’t consider it. Any opinions about this? What’s fair and what’s not? Thank you so much for anyone who will answer. Also what protection do we freelancers have from clients like these? Or are we always the one taking the bad stuff even if there’s also a mistake on the part of the client? thanks again
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Community Guru
Amanda L Member Since: Jan 23, 2018
2 of 18

Threatening to leave you a bad review in return for a refund is against TOS. Report her and show the evidence she has said this. 

 

Let her dispute the payment. If you were on an hourly contract, kept meaningful memos, and have proof of her emails assigning the work, then you are covered. Do not work for free and do not issue a refund.  

 

How much money are we talking about? If you go to a dispute, you can hopefully come to an amicable solution or possibly she'll back off. Since she's threatened you  and made a TOS violation, it's likely she could be suspended and then it's  a moot question. Report her and go through the legitimate steps,  I would not issue a refund, and I would tell her to open up an official dispute. 

 

Also flagging for a moderator. 

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Active Member
Aileen C Member Since: May 23, 2017
3 of 18

Thank you so much for your response and help. Here are the words of the
client

**edited for Community Guidelines**

But upon looking at the email of the task it was for new hire and I’m the
new hire and it’s complete with instructions and links.

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Community Guru
Preston H Member Since: Nov 24, 2014
BEST ANSWER
4 of 18

Aileen:

 

This client is being a bully and a bad person, in addition to clearly violating Upwork TOS. I am sorry that you are facing this situation and I really hope Upwork will intervene on your behalf.

 

The fact that this client either:

- is trying to get free work from you

or

- has no idea how to use Upwork properly 

 

...should not become your problem.

View solution in original post

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Community Guru
Amanda L Member Since: Jan 23, 2018
5 of 18

Aileen C wrote:
Thank you so much for your response and help. Here are the words of the
client

We are giving a 1-star review and reporting to Upwork.
All refunds have been requested. If we do not receive the refunds for the
work we did not assign to you, we will leave a negative review and involve
Upwork.

But upon looking at the email of the task it was for new hire and I’m the
new hire and it’s complete with instructions and links.

Doesn't matter if she sent you the wrong email. She had time to dispute your hours and didn't. She's just trying to get free work out of you by threatening you. Stand your ground. 

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Active Member
Aileen C Member Since: May 23, 2017
6 of 18
Thank you for your response as well
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Active Member
Aileen C Member Since: May 23, 2017
7 of 18

based on my understanding the client wants a refund outside of upwork and if i don't give it within a week she'll then involve upwork...correct me if i'm wrong though...and thank you everyone for all the help

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Community Guru
Petra R Member Since: Aug 3, 2011
8 of 18

Aileen C wrote:

based on my understanding the client wants a refund outside of upwork and if i don't give it within a week she'll then involve upwork...correct me if i'm wrong though...and thank you everyone for all the help


That would be a violation of the terms of service... it actually also begins to sound like potentially a scam.

Personally, I would get proactive and involve Upwork right away.

 

Were your working hours logged properly (tracked, with meaningful memos and so on?)

 

Also, you are top rated, so unless you have used your top rated feedback removal perk in the last 3 months and 10 contracts, you can remove any bad feedback that client would give you anyway Smiley Wink

 

 

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Active Member
Aileen C Member Since: May 23, 2017
9 of 18
Hi,

Yes I am. Although I do have an hour or two of manual because I did the
research and entry using my mobile when my laptop is down.

Thanks for the help.
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Community Guru
Petra R Member Since: Aug 3, 2011
10 of 18

It actually does not matter what is fair and what isn't. It also doesn't matter if the client is a bad person or a saint.

 

All that matters is what the client can actually DO about it and what you can do about it.

The client can request mediation for the last 30 days prior to the day she goes to Upwork.

If it is an hourly contract, all Upwork will look at is the following:

 

  • were the hours logged properly (using the tracker, not manual time)
  • were there meaningful memos on the screenshots
  • was there adequate activity
  • do the screenshots show you working on the client's task.

Demanding a refund by threatening bad feedback is actually a violation of Upwork's terms of service, so I'd at this point get pro-active and report the client.

 

I'd certainly NOT refund, neither in installments nor all at once.

 

 

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