A homeless man is suing Burger King for $US950,000 ($1.2 million) after he was jailed for three months after trying to pay for his meal with a $US10 bill that employees thought was fake.

In November 2015, Emory Ellis tried to buy breakfast at a Boston Burger King with a $US10 bill, Law360 reported. Employees believed the bill to be fake, and Ellis was arrested and charged with forgery of a bank note.

Emory Ellis is suing Burger King accusing them in a lawsuit filed this week of discriminating against him because he’s black and homeless. Credit:AP

The arrest triggered a probation violation, according to Ellis’ lawsuit, and he was held in jail without bail for three months,the Associated Press reported. In February 2016, the Secret Service concluded that Ellis’ $US10 bill was actually real, leading prosecutors to drop the forgery charge.