Former McDonald's employee Evelyn Candelaria is suing in Brooklyn Supreme Court, alleging her self-esteem and reputation were damaged by her appearance in Spurlock's 2004 documentary film, the New York Post reported Sunday.

Candelaria's attorney, Hugh Jasne, said the 44-year-old former fry cook never signed a release allowing Spurlock to use footage of her in his film and therefore Spurlock should be held liable.

"My reading of the law is that he needs to get a release from her," Jasne said.

"Supersize Me" follows Spurlock as he eats nothing but fast food for an entire month and several shots in the movie show him eating inside the New York McDonald's where Candelaria was employed.

The Post said Spurlock has offered no comment regarding the litigation.