EAP Legal programs almost always have specific clauses preventing their use against the employer. Get your own lawyer. A prepaid legal plan can be a cost-effective way to start this.

I would not use an EAP program for an employment dispute. While it is supposed to be confidential there have been cases of confidential information getting back to the employer. Considering we're talking about Tesla and Elon Musk I think the last thing in the world I would want to do would be to go up against them with a lawyer that was paid and recommended by Tesla.

Oh sure, you'll likely lose the case - but you're going to give Elon Musk and Tesla a black eye in the process. It's a PR nightmare Tesla would be wise to avoid, but Elon Musk is capricious so who knows?