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What is the likelihood Upwork will resolve dispute in my favor and what's the timeline?

alecia252002
Active Member
Alecia M Member Since: Jan 11, 2015
1 of 10

Hi everyone, 

I need advice, I've not received a dispute or refund request in almost four years and I work full-time so this is kinda throwing me for a loop. This is a recurring super challenging client that I've designed several e-books for in the past year. The most recent e-book assignment the "new" point person requested didn't come with instructions on style/vision just the text and to re-design the charts which I did. All their books are very similar in style so I felt comfortable proceeding and using one of the past e-books as a starting point. To make a long story short, the client didn't like the initial design and has basically had me re-do it completely 3 times over. I think the final completed version was #11. She is very **bleep** retentive and I bent over backwards making this book a priority, even working on this book on my day off to get it done asap. Surprise nothing worked! She's now filed a dispute  claiming poor work quality, they missed their deadline (she had me doing revisions way past initial deadline), I didn't do revisions correctly, that I caused all these typos. It's all lies! In my reply to mediator, I expressed to please read our messenger string so they can see she's completely fabricated her story. I also poked holes in all her claims. I honestly feel like I'm being bullied by an internet troll at this point. My question is since this not a little sum of money (almost 18 hours plus on all the non-logged hours communicating back and forth) and it's an hourly contract and I've abided by all the rules what's the likelihood Upwork will judge in my favor since this is truly my word against hers? 

 

Stressed out in Chattanooga, 

Alecia

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
BEST ANSWER
2 of 10

All that matters on an hourly contract (!) is the following:

 

  • Did you use the tracker (Yes/No)
  • Did you have meaningful work memos for all the logged work? (Yes/No)
  • Were activity levels adequate throughout? (Yes/No)
  • Are all screenshots showing you working on the client's project? (Yes/No)

If you can answer "Yes" to all 4 you should be fine. A "No" to any of them and you'll lose all time it applies to.

 

Manual time / no or insufficient work memos / low activity.... client wins.

 

Also remember that the client can only dispute the previous week's hours.

 

The quality or lack of that does not come into it.

View solution in original post

alecia252002
Active Member
Alecia M Member Since: Jan 11, 2015
3 of 10

Why would the mediator ask all these questions if none of it mattered?

What is considered a sufficient memo?

katrinabeaver
Community Guru
Katrina B Member Since: Jan 9, 2011
4 of 10

fact is if you tracked your time with memos and high output you win. If you did not, the client wins

"Fairness is giving all people the treatment they earn and deserve. It doesn't mean treating everyone alike-Coach John Wooden"
tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
5 of 10

@Alecia M wrote:

Why would the mediator ask all these questions if none of it mattered?

What is considered a sufficient memo?


 This is conjecture, but probably because it matters to UPWORK. The reason it doesn't matter with regard to your payment is that Upwork guarantees payment when those conditions are met, even if that means payment comes out of its own pocket. However, obviously Upwork would prefer to collect the money from the client than to pay you itself. 

kat303
Community Guru
Kathy T Member Since: Jul 17, 2015
6 of 10

Alecia - If you used Tracker and documented the screen shots it took, then there should be no problem. By documenting, I mean typing in a brief description of what you are doing/what the screen shots represents, then there should be no problem in favor of you getting paid..

 

On hourly jobs, the client can only dispute the last weeks work. Also, for hourly jobs, a freelancers gets paid for the HOURS they worked as opposed to fixed rate jobs in which a freelancer gets paid for the work they produce.

 

Of course, if you didn't use Tracker, document screenshots, recorded hours when you weren't working on the clients job (playing games or reading/composing personal email not related to the job) entered Manual hours etc, you won't get paid for that, and the client has every right to dispute that and not pay you for that.

 

What's great about hourly jobs, is that if the client defaults (their account is fraudulent or they issue a chargeback, Upwork will pay you. And, since hours are being tracked, the client can ask for all the revisions, rewrites etc and you get paid for the hours you worked on that.

alecia252002
Active Member
Alecia M Member Since: Jan 11, 2015
7 of 10

Kathy, 

I did use the tracker I always do, and I only accept hourly contracts due to a situation I experienced when I first started using Odesk of being stiffed after a 10 hour project. I was just wondering if my memos are sufficient because I simply put the title of the e-book I was working on since this has been an on-going contract. I'm just going to cross my fingers and say a prayer it's enough. If it's not I feel that this whole situation is terribly unfair and makes me wonder if I should use another site. I feel the screenshots and my activity level should be enough proof that I was working on their project alone. I also think a designer's track record should be called into account because I'm top rated with basically 100% job success. I'll be sure to reply with the results they have to let me know before Tuesday night. 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
8 of 10

Alecia M wrote:  If it's not I feel that this whole situation is terribly unfair and makes me wonder if I should use another site.

 You'll be in for a rude awakening if you think any other site has more protection. Most have less. Many have none at all.

 

Take a deep breath, write "This was an hourly contract and all time was tracked strictly according to Upwork's Hourly Protection terms in good faith. I reject this dispute!" into the thread and leave it at that.

 

Fingers crossed.

alecia252002
Active Member
Alecia M Member Since: Jan 11, 2015
9 of 10
Petra,
I already disputed it Friday. I wish I would have thought to ask the communities help before hand. The client wrote a lengthy response so I did as well because I thought I had to...I did write I've abided on all the terms of the Hourly protection policy at the end. Trust me I don't want to leave I have so many open revolving contracts. It would be so complicated.
petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
10 of 10

@Alecia M wrote:
 Trust me I don't want to leave I have so many open revolving contracts. It would be so complicated.

 Don't then 😉

 

I think sooner or later we all end up with a dispute or contract going wrong, it's a fact of freelancing life. Try to stay calm and see how it all pans out.

 

Fingers crossed for a good outcome for you!

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