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NBC execs accused of coercive sex and retaliatory firing by American Horror Stories actor

An actor has alleged he was terminated from his job as an assistant after alerting NBCUniversal officials to suspected criminal activity involving a senior vice president.

Tyler Adkins, 27, made the allegations in a suit filed Wednesday, in LA County Superior Court. Defendants include Senior Vice President of Universal Theatrical Group (UTG) Chris Herzberger, and then-executive producer Marco Pennette.

Also named was Vice President of Creative Development and Production at Universal Theatrical Group Lowe Cunningham, as well as NBCUniversal. Universal Theatrical Group is the live theater division of the famed motion picture studio.

Adkins has appeared on shows like American Horror Stories, and claims he was in a romantic relationship with Herzberger that started in 2021. It began with a meeting at an intimate LA restaurant, after which Herzberger allegedly demanded sex.

Adkins allegedly obliged, after being told that it would be good for his career. A refusal would damage it, Herzberger allegedly claimed. Their relationship allegedly lasted three years, until the summer of last year. 

During that span, whenever Adkins allegedly tried to end things, he claims Herzberger would threaten to blacklist him from the industry, threatening retaliation.

Things rapidly changed during a road trip in June, it is alleged. Adkins, under the impression Herzberger was cheating, opened Herzberger’s Grindr app to find messages directing conversations to the Telegram app, the lawsuit states.

In messages there, Herzberger allegedly discussed a desire to have sex with children – asking whether the people he was messaging could provide a child. As others shared accounts of molesting underage family members, ‘Herzberger [asked] if he could participate,’ the suit states.

Tyler Adkins, 27, made the allegations in a suit filed Wednesday in LA County Superior Court. He alleges he was terminated as an assistant after alerting NBCUniversal officials to suspected criminal activity involving a senior vice president

Senior Vice President of Universal Theatrical Group (UTG) Chris Herzberger allegedly reached out to the actor in March 2021 for a meet, after which they began a romantic relationship for three years

Senior Vice President of Universal Theatrical Group (UTG) Chris Herzberger allegedly reached out to the actor in March 2021 for a meet, after which they began a romantic relationship for three years

Adkins, who was hired as an assistant to former Ugly Betty producer Pennette in April, says he then went to police, bringing them screenshots. 

A few days later, investigators allegedly asked him to bring in Herzberger’s cell phone – a task the actor thought to be almost impossible.

Pivoting, he claims he decided to report what he found to NBC Universal’s human resources department, so that they could take the phone themselves.

Shortly thereafter, Adkins ‘became the victim of a relentless campaign of retaliation at the hands of [the] defendants,’ it is claimed. 

Before it began, though, a detective allegedly told Adkins that he’d ‘kicked a hornet’s nest’ with NBC Universal with his strategy.

On June 19, the unnamed member the Los Angeles Police Department told Adkins that the company had called the department to demand ‘they solve whatever investigation was under way with Mr. Herzberger immediately,’ the suit states.

The same day, LAPD obtained a warrant to search Herzberger’s home, seizing his phone, laptop and iPad.

Within days, Adkins received a call from Herzberger’s underling Cunningham, telling him he was fired, the suit claims.

Adkins has appeared on shows like Call Me Kat, and says that after the meet, Herzberger immediately demanded sex. He begrudgingly obliged, he claims - after being told it would be good for his career if he did

Adkins has appeared on shows like Call Me Kat, and says that after the meet, Herzberger immediately demanded sex. He begrudgingly obliged, he claims – after being told it would be good for his career if he did 

Their relationship allegedly lasted three years, until the summer of last year. Things changed during a road trip in June, it is alleged. Adkins opened Herzberger’s Grindr app to find  texts directing conversations to the Telegram app, the lawsuit claims. Herzberger is seen here

Their relationship allegedly lasted three years, until the summer of last year. Things changed during a road trip in June, it is alleged. Adkins opened Herzberger’s Grindr app to find  texts directing conversations to the Telegram app, the lawsuit claims. Herzberger is seen here

Adkins, the LA-based plaintiff

Pennette, who is also creator of the since cancelled sitcom B Positive

Adkins, who was hired as an assistant to then Ugly Betty producer Marco Pennette (right) in April, says he then went to police, bringing them screenshots. He also claims to have told NBCUniversal HR, after which he was fired

The suit claims that during the call, Cunningham acknowledged Adkins’ unfortunate situation – calling it ‘unfair,’ with the actor being ‘collateral damage.’

When he noted that it was against the law to terminate someone for reporting illegal conduct, he was told that the decision was a budgeting issue, the suit alleges.

Adkins, at this point, claims he pointed out how a budget allocation already existed for his employment, after he was told the official reason for his firing was financial.   

Cunningham allegedly went on to caution the plaintiff to be ‘very careful’ or risk making ‘powerful enemies’ in Hollywood, before hanging up.

Lisa Noveck, one of the lawyer handling Adkins case, told DailyMail.com that the allegations in the lawsuit ‘assert reprehensible conduct involving Mr. Adkins reporting what he understood to be sexual conduct with children.’

‘[He was] fired for making this report almost immediately thereafter. Our goal is to pursue this matter and obtain justice for all involved.’   

Adkins also claims that under Pennette, he was intentionally misclassified as an independent contractor.

Still, for months, he allegedly performed non-exempt duties at the writer/producer’s beck and call, with what was said to be no supervision.

The one who allegedly did the firing was Lowe Cunningham, seen here with Herzberger that month. He is the firm's Senior Vice President, but is not listed on a recent SEC filing for Death Becomes Her, which he did work on. His name was also omitted from an August NBCUniversal article about the show as well

The one who allegedly did the firing was Lowe Cunningham, seen here with Herzberger that month. He is the firm’s Senior Vice President, but is not listed on a recent SEC filing for Death Becomes Her, which he did work on. His name was also omitted from an August NBCUniversal article about the show as well

Adkins is seeking unspecified compensatory, punitive and other damages for the alleged infractions, which his lawyers said include sexual battery, retaliation, quid pro quo sexual harassment, hostile work environment, assault and other violations

Adkins is seeking unspecified compensatory, punitive and other damages for the alleged infractions, which his lawyers said include sexual battery, retaliation, quid pro quo sexual harassment, hostile work environment, assault and other violations

Adkins claims both NBC Universal and Pennette made no effort to properly compensate him for all hours worked, being paid only $500 per week while regularly exceeding the promised 40 hours, and working through meal and rest breaks.

Adkins is seeking unspecified compensatory, punitive and other damages for the alleged infractions, which his lawyers said include sexual battery, retaliation, quid pro quo sexual harassment, hostile work environment, assault and other violations.

As for Herzberger’s involvement with Universal Theatrical Group, he is said to be the firm’s Senior Vice President, but is not listed on a recent SEC filing for Death Becomes Her, which he did work on.

 His name was also omitted from an August NBCUniversal article about the show, which only mentioned Cunningham.

DailyMail.com has reached out to NBCUniversal, Herzberger, Cunningham, and Pennette for comment. The suit is currently being assigned a case number, lawyers for the plaintiff said.

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