Tell HN: Oops Upwork did it again

Eat the loss, write about it (like here, thank you!) and don’t beat yourself up over it.

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 :/

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.

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.

You have to have a lot of persistence and a lot of money (or a hungry lawyer who will work for the reward only) to fight like this, in many cases.

Now there might be some small court which has a low filing fee where you can make a case which requires them to respond, and that effort on their part may be deemed not worth the cost of just paying you to go away. So perhaps there's still something you could do practically.

For me, I got my clients through my personal blog about programming where some people contacted me and asked to hire me. You can also just start being very active on the relevant communities in your niche and build up a reputation.

All of this takes time, but I believe it to be the most reliable long term strategy to get work from high quality clients on your own terms.

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.

I have no idea what would have happened, if I had taken them up; maybe just a religious sermon, but I wasn’t taking any chances.

Most of the other contacts, were offers for me to participate in scams, like being an “American face,” of an offshore coding shop.

I suspect many were not exactly illegal, but were probably dodgy as hell. I like to think I have some personal Integrity (which folks around here, consider “quaint,” or just “stupid”).

I never had one single legitimate approach.

Not one.

Were they wrong? If there were not many posts, it wasn't popular.