Currently, we have a process set up for VSB+, Small Business, Medium Business, Large Business and Enterprise w/o Compliance should clients find themselves in a position that requires a Dispute in order to resolve.
Typically, Enterprise with Compliance is not on our radar because disputes rarely come about as FLs under these contracts have been classified as employees and have an iWorkGlobal contract. However, disputes do happen and need to be handled by Enterprise Compliance.
If not resolved through an in-product dispute and mediation no longer available
- Call the client to get a clear understanding of the issue. (Customer Satisfaction)
- Educate and offer alternatives.
- Reach out to the FL to see if you can get them to cooperate with finishing work, providing partial or full refund
- Review for possible credit
FYI
- A dispute will be handled by specialized Dispute agent
- Each Dispute agent response is 2 business days SLA if longer ping dash room ask disputes dash room (again, please set yourself a reminder in your calendar)
- HV Mediation is equipped with a number of things they can do, which are up to the agent’s discretion depending on the situation:
- Offer to pay both parties out
- Option to pay for arbitration fee (FP only and only if there are funds in escrow)
If not resolved through an in-product dispute please email Charlene (chopkins@upwork.com) or if the client is asking for assistance but has not proceeded with an in product dispute. Charlene will review and will provide next steps. These next steps may include:
- Calling the client to get a clear understanding of the issue. (FCR/CSAT Process)
- Educate and offer alternatives.
- Reach out to the FL to see if you can get them to cooperate.
- Review for possible credit, loop in Samantha Destefano samanthadestefano@upwork.com
**FYI (do not share with the user) additional credit is based on several factors including:
- The result of the code review (if applicable)
- whether the Client has received any product
- WorkDiary review
- Client tenure
- contract spend
- 12 month spend
- lifetime spend
- The potential for growth and more
- NDF FL found (OR number of NDF in the past, if applicable)
- ***Please reach out to your TL, Manager or AM if you need help determining a fair offering.
- An example credit would be 5% of the non-refunded payments of the contract being disputed
For cases where a FL is found to be in violation of our ToS and the client has received code, we do have a code review option.
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Request code review using this form. Please also email Annmarie Bourgeois> (CC the AM, Charlene and your TL), to make them aware of the request.
- Please include the AMs email address on page 2 of the Form with a request for the reviewer to CC the AM on all communications with the Client. If the Client has also requested a review for malignancies in the code, indicate in this section as well.
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Let the Client know code review process is on its way and someone will be in touch soon to gather any additional info that is needed
- Is the code relevant? Does the code build/compile/Run?
- Is the code complete? Does the code build, do we have all components (server-side/mobile app)?
- Does the running app conform with the purpose as stated by the specs?
- Does it reach the end state in the requirements workflow (regardless of code quality and a number of bugs)?
- How many hours to reach a stable state/Complete workflow if completed by current Freelancer? How many hours to reach a stable state/complete workflow if developed by Top Talent?
- Follow up within Dash if you do not hear back from Annmarie within 1 business day
- Code review will cover:
Important:
If either party (FL or CL) states that they will be pursuing Legal action to resolve the matter do not involve Compliance as a 1st step- Check with a TL or Charlene and then forward directly to Legal: Hanna at Hannabadmus@upwork.com (Charlene and TL CCd) with the appropriate info.
*Additional parties Involved: Charlene, Compliance Specialist, Director of Talent Ops (Erin Hicks), Legal (Hanna Badmus), Sales, Enterprise Billing
Important:
The goal is to ensure that both parties, CL and FL, feel that Upwork is helping them work towards a resolution that is agreeable to all parties.
What do we need to provide to Legal?
We will gather the following info for all cases:
- Contract Title and OBO link
- Client Contact name and contact info
- Freelancer name
- FP or hourly
- Disputed Amount or Disputed hours
- Milestones on contract & current amount paid if applicable on FP; Rate if hourly: $<<XXX>>
- Reason for dispute and outcome the client is seeking --this will be confirmed by Compliance Specialist
- Escalate to Malia Veltrie (maliaveltrie@upwork.com) & Cassie Levitt (cassielevitt@upwork.com). Please CC Charlene for transparency
What are the next steps after escalating to Legal?
Update the ticket with internal notes and SS, then update the user so they’re aware it’s being escalated.