‘Buckle up’: Server and her coworker are allegedly attacked by a customer. Then the restaurant fires both and a lawsuit begins

A bartender in Gilbert, Arizona says she and her coworker were attacked by a customer on Halloween night in 2025, and fired from their restaurant job shortly after. The woman, who posts under the name Kelly (@kellybrooke.m) on TikTok, shared the incident in a video that has since gathered millions of views. She has now posted an update on the legal case.

According to Kelly, the man had been drinking at the bar with his wife on Halloween night. Staff confirmed with the couple that they would not be driving. As the night went on, she said the man became more aggressive toward his wife, who “looked scared.”

Her coworker ran back into the bar and told her the man had thrown a glass at her head, Kelly said. Both women went outside, where she recorded video footage of the man swinging at her head. She says he missed only because she ducked.

Charges were reduced after a plea deal

Police were called, and the couple eventually left, according to Kelly. She said mall security had footage of the incident and confirmed the street he drove out on is monitored, which could allow police to identify his license plate. She and her coworker were “physically okay” but shaken, and they planned to press charges, she added.

In her original video that she posted on TikTok, Kelly said she did not know the man’s name, and asked anyone who recognized him to contact her. She said she wanted him to be held responsible, stating in her caption that she would “KEEP posting this video everywhere until we do just that.”

In her recent update, she said she attended the man’s arraignment in March because she wanted to “look him in the eyes.” He was facing seven counts at the time, she said: two counts of assault, two counts of disorderly conduct, one count of reckless driving, one count of DUI, and one count of criminal damage. She said the judge ordered him to have no contact with either victim, and the man asked the judge, “Can we make sure that goes both ways?”

Kelly said she later decided not to attend future court dates because she didn’t want the case to take up more of her time. The man was later offered a plea deal, which he accepted, she said. According to Kelly, he completed substance abuse counseling and is now facing charges of disorderly conduct and reckless driving, meaning the two assault charges were dropped.

She said she has not named the restaurant or the man publicly, and that everything she has shared matches police records. Both she and her coworker were fired after the incident, she said. Kelly said she has hired a lawyer who is taking her case on contingency, and that they sent a demand letter to the restaurant, which responded by denying her claims and threatening a defamation claim.

She said she has recordings, screenshots, and messages from former general managers at the restaurant that she believes support her account. Kelly said she now has to decide whether to drop the matter or move forward with a lawsuit by November. Her lawyer’s contingency agreement does not cover court costs or expert witness fees, which she said she would have to pay out of pocket.

Despite the outcome of the case, Kelly said she doesn’t regret her actions. She said she would not have let her coworker face the man alone, and that posting the video helped identify him, something she said the officer working the case confirmed to her. In the video, she said, “he’s gonna have to live his life knowing that his heinous actions are going to live on the internet forever. I’m never taking that down.”

She also addressed her decision to stay quiet about the legal process for months, saying she wanted to avoid giving the restaurant or the man “a loophole.” Kelly ended her update by saying, “The process is meant to be tedious. The process is meant to wear you down. No one wants to fight for you. You have to fight for yourself. So buckle up.” Public support for workers facing difficult customers can be widespread, as seen when a chicken restaurant worker’s daily conflicts were documented. 

Viewers responded to Kelly’s update with a mix of frustration over the dropped charges and support for her decision to pursue legal action. One commenter wrote, “They shouldn’t be allowed to drop assault charges without the victim’s permission.” Another said, “If you were fired by a chain for reporting assault you should fight. Start a gofundme for legal funds.” 

A different commenter wrote, “Assault charges should NEVER be dropped.” One viewer suggested a financial strategy, writing, “A lawsuit would cost the restaurant a lot of money and would be public. Offer to settle for $100k and see where that goes.” Such disputes over restaurant firings and allegations have occurred elsewhere, as when two Michigan women ousted from a restaurant alleged staff destroyed their phone and claimed racism. 

Another commenter offered a broader take on the legal process, writing, “Seems like the comment section missed the point. The legal system is designed to be insanely lopsided against the regular person. This would be a multi year court battle that would end up being super invasive into her life. As much as I want her to get some form of Justice, reality is, it’s not going to happen.”