Tell HN: Oops Upwork did it again

I would at least get someone to write a letter. That much isn't expensive and there's always a chance they'll give in at the first sign of legal trouble.

If that doesn't work though, and the amount isn't worth a legal fight, I don't know if there's much you can do, sorry :/

Depending on where you live, small claims court is an option if the amount owed is within the limits or if the max limit is acceptable for you.

Don’t underestimate the value of a well-worded, signature required snail mail, either. That usually resolves these matters since it usually escalates to the right people.

Does Upwork have a binding arbitration clause? I’d expect them to.

In which case, take them to arbitration! It’s pretty easy for you but costs them money.

Binding arbitration is a process I recently went through, and I think that it's excellent for two parties which are reasonably well positioned to pay for the expense of both the process and the lawyers, as well as wanting an expitied process.

The way the clause is being used to quiet individuals is pretty awful, and while I'm not a lawyer, I suggest that indeed if you have a binding arbitration clause- exercise it.

You can always retract your claim. In fact, arbitration bodies love settlements.

If you don't, then indeed, go after them in small claims court.

Upwork will have two choices: to fight you or not. They'll do the same calculation as you- the cost of the process will be expensive, and likely cost them more in legal fees then is in dispute, so they're likely to pay you to make it go away.

If you think they're going to fight, then withdraw your arbitration claim, but I suggest before even doing that, explain your situation in a letter sent by email (or registered mail) to Upwork:

https://www.upwork.com/about/contact

And explain you'd like to resolve the matter amicably, but if that's not possible, you're prepared to exercise the arbitration clause (or take them to small claims court).

This will alert their legal team, who will now explain to someone else that the matter doesn't make sense to fight, etc.

Once again I Am Not A Lawyer, but I think this is your best bet in getting the money back. But of course if you do this, you won't be working with Upwork anymore.

I was able to scrape some clients and ending up making thousands using a normal first world rate. It is difficult to win bids because people are on there because of price. I left because they started charging for you bidding.

Bid quick, often and always go hourly so you do get paid. Clients expect the world for nothing (typical project is google for $125) so learning how to deliver within the requirements is an artform..always go hourly so you get paid something when these projects don't live up to unreasonable expectations. Be prepared for someone to scam you, try to go off platform, etc. Stay on the site.