>>> Do you generally hold that when an employee is put in an uncomfortable position by a superior, they can't complain if they could've just gone to HR and hoped that they would be receptive?

What I'm contending is that there is absolutely no evidence any employees were made uncomfortable by what happened. And moreover since I know I at least would much rather receive a poach offer than not from my manager, it's hard for you to make a blanket statement that these anti-poaching rules are somehow to protect employees.

I'm not suggesting that Tesla colluded to keep wages down. My point is that many C-level executives and investors see their dynamic with their employees as antagonistic (i.e. 0-sum-game). Without the opportunity to get bought by other companies the competitiveness of the market is undermined, and employees get paid below their value. Preventing poaching does exactly that.