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Subway Worker Dismissed After "Indecent Proposal"

"It was all out of nowhere. I woke up at 8 this morning to a text that said 'How badly do you want this job?'"

17 year old Alysha Rizzicone of Schenectady was looking for a job.  She filled out an online application for a local subway restaurant and, tuesday morning, received a series of text messages from someone claiming to be the manager of the Subway, asking her how badly she wanted a job and making a disturbing offer.

"If i had sex with him," Alysha says, "he would give me the job as an assistant manager."

The actual text Alysha received reads, "Bang my brains out the job is yours."

The next message was, "We swap pics and decide."

Alysha responded, "Do you even know me?"

The response?  "No."

"He told me to meet him there by 10 o'clock and sent a picture of himself and said that if I didn't send him a picture back, the deal was off."

Alysha was shocked and contacted CBS 6.  We found the manager at work, who was on the clock when Alysha received the texts. He admitted the messages came from his phone number, but denied sending them.

CBS 6 anchor Jerry Gretzinger contacted the owner of the Subway shop, Draper Development.  Owner, Larry Jasenski, responded promptly with a statement which said, "As soon as this was brought to our attention, the employee was removed from the location and an investigation was initiated."

That was on Wednesday.  On Friday, CBS 6 received another statement from Jasenski.  After extensive discussions and a review of the store's video surveillance systems "disciplinary action has been taken."

"This person is no longer employed by Draper Development."

Equally shocking to many people is that what happened to Alysha is not necessarily criminal.  Alysha filed a police report and CBS 6 called to inquire about it's status.

As it turns out, to offer someone a job based on the delivery of sexual favors is not a "criminal offense", defined as an act harmful to society as a whole. CBS 6 legal analyst Paul Derohanessian confirms it would qualify as a civil offense, where a person has been wronged by an individual or organization, but does not result in an arrest.

Alysha could claim harassment, a criminal offense, and a judge could issue a warrant for an arrest.  Though, in most cases, if the victim tells the perpetrator to stop, and he or she does, the matter is often considered resolved.

Alysha is contacting the New York State division of human rights as well as the Equal Employment Opportunity Commission in Washington D.C. to further explore her rights.

Both of those offices had more shocking news to share with CBS 6 News,

They told us this kind of behavior is incredibly common, particularly in fast food establishments, but that the public rarely hears about any of it because of cash settlements that include a promise of confidentiality.

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