Verbal Agreement, but no contract

[chdavis82]

Hello - I recently was invited for an interview and submitted a proposal.  The "client" contacted me and we discussed the work and what I could do.  We verbally agreed in the chat that I would perform some work, but there was no contract in place.  The "client' lives in California where verbal agreements are legally enforceable.  

Is this something that I can pursue, even if an UpWork contract wasn't in place?   Can UpWork give me contact info on the "client" so I can pursue other avenues?

[ArjayM · Accepted solution]

Hi Charles,

Thank you for reaching out to us. Since no contract was created on Upwork, this doesn’t fall under Payment Protection, and we will not be able to help you chase after the client to pay for the work you've submitted. Please don’t start working on the project unless a contract has been created. 

As a gentle reminder, please note that users cannot communicate off Upwork until a contract has been set up on your account (the client sent an offer, and you accepted it). It would also be best to visit these articles for more information on how you can keep in line with Upwork’s Terms of Service when engaging on the website:

• The new starter's guide to being safe and successful on Upwork
• Get to know each other before a contract
• Keeping your contact information safe

[chdavis82]

Hi Arjay - What does the Upwork legal team say about verbal agreements that are recorded in writing over the messaging platform (with no formal contract in place)?  For instance, if verbal agreements are legally enforceable in the state where the contractor is working/resides and they make a verbal agreement with a Freelancer.  Is this then legally enforceable over the Upwork platform?

[cyber_sec007]

Why would it be? the Upwork ToS states that in order to execute work and get paid there must be a contract via the platform in place? If you don't follow the ToS then you are breaking the ToS. Why would Upwork spend any cent on legal consulting, or supporting your case, if you are actually breaking the terms of usage.....

https://www.upwork.com/legal#escrow-hourly 

[67531db9]

Hi, I have completed my first job, the owner says he sent me the deposit through a site called Vimarket but I have not been able to send this money to any PayPal account.

Did I actually get paid?

[ArjayM]

Hi Marvin,

I have checked your account and I can't seem to find any existing communications or contracts with a client. Since no contract was created on Upwork, this doesn’t fall under Payment Protection, and we will not be able to help you chase after the client to pay for the work you've submitted. Please don’t start working on the project unless a contract has been created. 

As a gentle reminder, please note that users cannot communicate off Upwork until a contract has been set up on your account (the client sent an offer, and you accepted it). It would also be best to visit these articles for more information on how you can keep in line with Upwork’s Terms of Service when engaging on the website:

• The new starter's guide to being safe and successful on Upwork
• Get to know each other before a contract
• Keeping your contact information safe

[67531db9]

thank you very much, I appreciate your response