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What happen if upwork support misguides you on something and you lose your money because of that ?

aliasadullah106
Active Member
Ali A Member Since: Dec 31, 2015
1 of 43

What happened to me this week is that my client was not releasing my milestone. When I tried to submit the work multiple times he rejected everytime and I tried to contact support to file a dispute. The Upwork Support guy told me that a dispute can only filed if the Contract is Ended and funds are in Escrow. I asked him that If I end the contract the funds will be given back to Client. I even sent him the screenshot but he told me that even if I end the contract funds still remain in Escrow for 7 days and I can proceed to End the contract. Now when I ended the contract he said he will proceed with dispute but it's been 5 days and I have talked to other support guys as well and they're saying that I should have not ended contract. I showed them the screenshots from upwork support guy misguiding me to End the Contract. And then they just tell me to wait as they don't know how early mediation team responds. This is so frustrating. It was about a month's work and I'm losing all payment. upwork has disabled me to connect hem as well. 

imakeinternet
Community Leader
Mike W Member Since: Sep 28, 2016
2 of 43

You should have worked with your client to resolve this because now the funds will return to the client.  If there is a dispute filed against it, then you'll have to pay an additional $250 USD for mediation.  If you don't win, they keep your money.  It's a terrible road to go down but I wish you the best of luck.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
3 of 43

@Mike W wrote:

1) You should have worked with your client to resolve this because now the funds will return to the client. 

2) If there is a dispute filed against it, then you'll have to pay an additional $250 USD for mediation.  If you don't win, they keep your money.  It's a terrible road to go down but I wish you the best of luck.


 Mike, you really do like to make stuff up as you go along, don't you??

 

1) Because the freelancer ended the contract the funds have already been returned. There will have been a warning that the funds will be returned to the client when the freelancer ended the contract, and he will have had to confirm this.

 

2) No. Mediation costs absolutely nothing (but because he already sent the funds in Escrow back to the client it's no longer an option for the OP) and most disputes are resolved in mediation.

Only arbitration costs money. It comes ONLY if mediation fails to find a solution, and costs the client, the freelancer, and Upwork $ 291 each. The arbitration fee is only returned if the other party doesn't pay it, and the party who paid it gets the Escrow funds AND the arbitration fee returned.

If arbitration goes ahead the party who wins gets the Escrow funds, but the arbitration fee is not returned because it paid for independent third party arbitration.

 

Ali, how much money was in Escrow? (NOT the contract value, just the value of the funds in Escrow?)

 

 

aliasadullah106
Active Member
Ali A Member Since: Dec 31, 2015
4 of 43

Thanks @Petra, Thank you for showing me the process and advise. The amout was 2100. But the fact which I mentioned is Upwork misguided me to do so. What could I have done. I showed him screenshots of alert and everything. I'm attaching my conversation with the support guy. Now what I could have done if upwork representative is tell me to do so. So So embarassing 

 

**Edited for Community Guidelines**

yitwail
Community Guru
John K Member Since: Feb 17, 2015
5 of 43
Ali, you had a bad client and support gave you terrible advice. I wish you the best but you probably won’t get paid.
__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
aliasadullah106
Active Member
Ali A Member Since: Dec 31, 2015
6 of 43

Thank you. What about Upwork ? Will they not take responsibility for that ? 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
7 of 43

@Ali A wrote:

Thank you. What about Upwork ? Will they not take responsibility for that ? 


 I doubt it, to be honest, but... Goodness, that was bad advice 😞

When you ended the contract you WILL have confirmed that you indeed want to end the contract and send the funds back to the client though.

Chances are that'll be their "out" and in a short while a moderator will come along, remove the chat transcripts from your post and thank you for your feedback, tell you they'll "share it with the team," apologize for "the inconvenience" and urge you to respond to he ticket (to keep this massive beep-up out of public view......)

 

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
8 of 43

I think that if you don't get paid, you need to talk to an attorney.

 

You probably won't need to, though. Since the discussion you posted clearly shows that you lost your right to pursue payment because you followed Upwork's instructions, I'm pretty sure they will recognize the legal risk involved and make it right with you.

aliasadullah106
Active Member
Ali A Member Since: Dec 31, 2015
9 of 43

Who's attorney ? Can you explain more. 

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
10 of 43

YOUR attorney. Hire one to represent you in collecting your money. (But, see edit to previous post)

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