Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Re: client just changed his mind

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

@Ray C wrote:

We truly have no rights and no protection here. But at least the rates are astronomical!!!! ugh!

 


You do have rights and levels of protection. How you use them is up to you.

You can use your top rated perk IF you haven‘t recently used it IF the contract dings your JSS. Have you even tried talking to the client? 

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

@Ray C wrote:

Wait are you saying my JSS will be effected even if i win the arbitration?

 


Yes. 

Community Guru
Tonya P Member Since: Nov 26, 2015
13 of 18

While you are understandably experiencing moral outrage at the client's behavior, what you have now is a contract dispute. The solution to a contract dispute is found in the wording of the contract. In this case, your Upwork TOS will define most of the obligations of both parties. Read through the Upwork information on TOS and other posts here on the forum regarding disputes. 

 

Once the contract is closed, feedback is left. So, events following the contract closure won't have an impact. If the contract caused you to lose your top rank status, you can still eliminate it from the calculation for 14 days (I think). There's a process for doing so, don't delay. 

 

Your client may just be testing the waters to see if you will let him go without paying. Open a non-emotional discussion with him after you understand your contractual rights. 

 

Good luck. 

Community Guru
Ray C Member Since: Jun 17, 2015
14 of 18

Tonya P. Yes i have definitely done all that I have been very cordial and given the client the benefit of the doubt. He has been very unresponsive. I'm calm and rational. Just expressing my frustration at upworks client-centric policies. And the problem is no one is screened so freelancers are unscrupulous too. I think they thought they could just set up a website and we would govern ourselves and they'd just rake in the money. but it's not sustainable.

Community Guru
Randy S Member Since: Mar 20, 2017
15 of 18

Ray:
Upwork HAS to be client-centric. 

There are thousands upon thousands of freelancers, all bidding on the same jobs. The better the deal is for the clients, the more jobs there are for us to bid on.  Start making it difficult for the clients, we ALL lose. It's really that simple. 

 

As for protections, there ARE protections in place, and they've been pretty well explained.

 

Community Guru
Kathy T Member Since: Jul 17, 2015
16 of 18

Ray -  You do have rights here. Upwork has policies and procedures in place when problems arise (for both freelancers and clients). Upwork can't screen clients because they don't know what their intentions are once a job has started.

 

Your first action, when filing a dispute is mediation. You and the client will be advised to try and come to some sort of mutual conclusion as to payment. (how much should the client pay you for the time and effort and how much should be refunded to the client for any unfinished or not approved of the work that was done.

 

If that can't be worked out, then both of you will go into arbitration. You will pay a fee of $291 for that and so will the client. If the ruling of the arbitrator is in your favor, then you will receive the all of the funds in escrow but you will not get back the $291 fee. (if the ruling is in favor of the client they will get a refund of all of the funds in escrow but will not get back their fee) If either of you decides not to pay the fee then the person who does pay the fee automatically gets the funds in escrow AND their fee back.

 

Usually the "loser" is not very happy with this outcome and vents their frustrations and anger out on feedback. Expect, that if the ruling is in your favor. I am NOT in agreement that either the client or freelancer should be able to leave feedback after a dispute. So, expect a bad feedback. The only thing you can do, (no matter what path or decision you choose,) is to remove both the private and public feedback IF you a Top Rated. Doing that will NOT affect your JSS score.

Highlighted
Community Guru
Petra R Member Since: Aug 3, 2011
BEST ANSWER
17 of 18

@Kathy T wrote:

Usually the "loser" is not very happy with this outcome and vents their frustrations and anger out on feedback. Expect, that if the ruling is in your favor. I am NOT in agreement that either the client or freelancer should be able to leave feedback after a dispute. So, expect a bad feedback. The only thing you can do, (no matter what path or decision you choose,) is to remove both the private and public feedback IF you a Top Rated. Doing that will NOT affect your JSS score.


 Perfect walk through the process, Kathy, just the last bit is unlikely as chances are the client has already left feedback as it would not be possible for Ray to dispute had the client not ended the contract and requested their Escrow funds back.

 

So "revenge" feedback after arbitration should not happen because the contract was closed before dispute starts.

Community Guru
Ray C Member Since: Jun 17, 2015
18 of 18

Well wonder of wonders it actually ended amicably. I talked to him and explained how what he was doing was affecting me and he was understanding and gave me me most of the money and a good review and rating. So alls well that ends well. I know what happened was someone wanted the job and convinced him to bail on me because he was perfectly happy until this other person appeared in the mix. I just have to start recognizing the problem clients and not taking them on. Recently I had two clients hire me without even discussing the job!  Both were offering too little for something I don't particularly want to do and i politely declined. Thanks to all of you for your invaluable help all of which i took to heart regardless of whether you knew what you were talking about or not! JK! it was all good advice. don't know to whom I should "award" the solution.  Can you redeem solutions for booze or burritos? If not it doesn't matter i guess.

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS