Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that freelancer did not complete 6 out of 10 pages and delivered faulty work for the remaining pages. I would like a full refund at this point.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very difficult to do, such that most people cannot do that.

You need to have someone look at your agreement.

Good luck to you.

James L. Arrasmith
James L. Arrasmith PRO label
  • Arbitration & Mediation Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, you can potentially sue a freelancer on Upwork if you believe that they have breached their contract with you or engaged in some form of misconduct. While Upwork offers a dispute resolution process, such as arbitration, the decision of the arbitrator is not necessarily the final word on the matter.

If you are not satisfied with the outcome of the arbitration, you may be able to pursue legal action against the freelancer. However, before doing so, it's a good idea to review the terms of the contract between you and the freelancer, as well as any other relevant documents, to determine your legal rights and obligations.

You may also want to consider consulting with an experienced attorney who can advise you on the best course of action and help you navigate any legal proceedings. An attorney can help you assess the strength of your case, negotiate with the freelancer or their legal representation, and represent you in court if necessary.

Keep in mind that suing a freelancer can be a time-consuming and costly process, and it's important to weigh the potential benefits and risks before deciding to take legal action. It may be more practical and cost-effective to try to reach a resolution through other means, such as mediation or settlement negotiations.

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